[00:00:05]
[CALL TO ORDER]
JUNE 23RD, 2021, A MEETING OF THE BUILDING CENTERS COMMISSION TO ORDER.LET THE RECORD REFLECT THAT THE TIME IS 6:35 PM.
I'M THE VICE-CHAIR OF A BILLIONAIRE SENATORS COMMISSION.
I HEAR BY WELCOME TO FAMILY ARE MEETING AND I WELCOME.
I INCLUDE MY WELCOME TO ALL OF THE PARTICIPANTS FOR TONIGHT.
SO AT THIS TIME I'M GOING TO CALL THE ROLE AND I'M GOING TO ASK WHEN THE COMMISSIONERS PRESENT TONIGHT.
SO PLEASE SIGNIFY THAT YOU'RE HERE.
I'M GOING TO DO IT ONE BY ONE.
AND, UH, AS A REMINDER TO YOU, PLEASE TELL YOUR CAMERA'S ZONE.
NOT ONLY FOR THE ROLL CALL, BUT EVERY TIME THAT WE HAVE A VOTE,
MARTY THOMPSON IS HERE WITH NO CAMERA COMMISSIONER, JOHN GREEN HERE.
COMMISSIONER ELIZABETH MUELLER PRESENT COMMISSIONER JIMMY
SO, UH, AND WITH ME, IF I SHARE THAT MAKES SIX OF US MACHINE OR, UH, VICE CHAIR PROBABLY NOW BEFORE
[CITIZEN COMMUNICATION: GENERAL]
THE CASES ARE CALLED THE COMMISSION WORLD, WE'LL ENTERTAIN CITIZEN COMMUNICATIONS ON ITEMS. UH, THEY'RE NOT ON TONIGHT'S ITEM.EACH SPEAKER WILL BE ALLOWED AT THREE MINUTES OR SIX MINUTES FOR ANYONE REQUIRING INTERPRETATION SERVICES.
IF THE COMMISSION WILL CONDUCT A HEARING FOR EACH CASE ON THE AGENDA, THE COMMISSION WILL CONSIDER 19 CASES FROM FIVE PROPERTIES.
THE CASES WILL BE CONSIDERED IN THE ODOR IN QUESTION THE UP HERE AND BE AGENDA.
HOWEVER, THE COMMISSION MAY TAKE A CASE.
I DON'T ORDER IT IS APPROPRIATE.
ALL ATTENDEES AT THIS HEARING ARE REQUIRED TO OBSERVE APPROPRIATE DECORUM AND CIVILITY.
AS TONIGHT IMPAIR THE COMMISSION'S ABILITY TO CONDUCT BUSINESS, THE COMMISSIONS COORDINATOR COORDINATOR, MELANIE ALLIE, WE'LL CALL THIS PHASE ON THE AGENDA, FOLLOWED BY TESTIMONY.
AUSTIN COACH STAFF ALSO WILL BE AVAILABLE TO ANSWER QUESTIONS.
WHEN AGENDA ITEM IS CALLED, I WILL ASK THE OWNER OR REPRESENTATIVE OR THE PROPERTY IF THEIR PRECEDENT, WHICH SIMPLISTIC, NOT AS YOU ARE PRESENT FOR YOUR CASE AFTER HIS CITY, WITNESS TESTIFIES YOU OR YOUR REPRESENT YOU OR YOUR MEMBER REPRESENTATIVE MAY ASK QUESTIONS, UH, UM, TESTIMONY OF THE WITNESSES AFTER THE CD HAS PRESENTED ITS EVIDENCE AND WITNESSES.
YOU'LL HAVE AN OPPORTUNITY TO PRESENT YOUR WITNESSES AND YOUR EVIDENCE.
YOU WILL HAVE A TOTAL OF FIVE MINUTES TO PRESENT YOUR CASE.
WHEN THE TIMER INDICATES THAT YOUR TIME HAS EXPIRED, YOU MUST FINISH YOUR SENTENCE AND CONCLUDE YOUR PRESENTATION.
WE HAVE A TIMEKEEPER FOR TONIGHT'S MEETING.
I WILL OUR DESIGNATED TIME FEVER.
PLEASE INTRODUCE YOURSELF THERE A TIME KEEPER FOR TONIGHT, AB TECH RIGHT HERE.
AFTER YOU HAVE PRESENTED YOUR WITNESS, AUSTIN CODE STAFF MAY AS YOUR WITNESS QUESTIONS ABOUT YOUR TESTIMONY UPON COOK POLLUTION, ABOVE YOUR SERIOUS PRESENTATION OF EVIDENCE AND WITNESSES.
THE COMMISSION MAY ASK QUESTIONS.
EITHER SIDE THE COMMISSION WILL THEN HEAR PUBLIC COMMENTS FROM INTERESTED PARTIES REGARDING ITEMS, SAY FOR ACTION ON TONIGHT'S AGENDA, BOTH SIDES.
AND THE COMMISSION MAY ASK QUESTIONS OF THIS ADDITIONAL WITNESSES.
AFTER ALL OF THE EVIDENCE AND TESTIMONY IS CONCLUDED.
THE COMMISSION WILL DISCUSS THE CASE AND VOTE ON A DECISION.
THE COMMISSION'S DECISION WILL BE ANNOUNCED TONIGHT.
AND A COPY OF THAT DECISION WILL BE MAILED TO YOU.
THE DECISION OF THE COMMISSION IS FINAL AND BINDING UNLESS APPEAL TO DISTRICT COURT WITHIN 90 DAYS AS PROVIDED IN THE TEXAS LOCAL GOVERNMENT CODE.
IF YOU HAVE QUESTIONS ABOUT THIS PROCEDURE, PLEASE, AS YOUR QUESTIONS, WHILE YOUR CASE IS CALLED WITNESSES, WHO TESTIFIED TONIGHT WILL, WOULD DO SO UNDER OATH.
SO ANY PERSON WHO WAS SUPERCENTER TESTIMONY IN ANY CASE BEFORE THE COMMISSION WILL NOT BE SWORN TONIGHT, BECAUSE THIS IS THE VIRTUAL HEARING.
I WILL READ OUT THE OATH INS TOWARDS.
I WILL ASK YOU TO SPEAK UP IF YOU DO NOT AGREE TO IT.
SO PLEASE RAISE YOUR RIGHT HAND AND I'M ASKING ALL THE WITNESSES FOR TONIGHT, PLEASE RAISE YOUR RIGHT HAND.
[00:05:01]
THE ISSUE.HAVE YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH.
SO PLEASE SIGNIFY BY SAYING, I DO OBJECT TO THESE OATH, PLEASE STATE.
SO NOW, SO IF THERE'S NOTHING FURTHER, WE WILL APPRECIATE PER SE TO PROCEED PROCEDURES AND COMMUNICATION AND COMMUNICATION.
WE HAVE ONE PERSON THAT HAS SIGNED UP AND THAT IS, UH, I NEED A ROOSTER.
AND, UH, THE FLOOR IS OPEN TO YOU.
UM, YEAH, SO I'M A TENANT AT MOUNT CARMEL VILLAGE APARTMENT.
UM, UNDER EUREKA, I'VE BEEN WITH PHARMO FOR 15 YEARS.
UM, IF WE WERE AT THE LAST, UH, BCS MEETING AND WE WERE DISCUSSING ALL THE THINGS THAT HAD OCCURRED WITH THE GAS AND THE AFTERMATH OF URI.
AND SO THE TENANTS AND THE OTHER TENANTS CAME UP WITH A PLAN TO, UH, AN AGREEMENT WITH EUREKA.
FOR THE MOST PART THEY'VE BEEN UPHOLDING, UH, TENANTS HAVE START TO RETURN HOME, BUT WHEN THEY ARE GETTING HOME, THERE'S A LACK OF COMMUNICATION WITH EUREKA, WITH THE PROPERTY MANAGEMENT.
UM, IT'S HARD TO CONTACT ANYONE.
THERE'S A BIG ISSUE WITH PEST, UM, THAT SOME, A LOT OF TENANTS WERE NOT HAVING THOSE TESTS ISSUES BEFORE, BUT NOW THERE'S A BIG PEST ISSUE.
UM, AND THEN WE'RE JUST CONCERNED THAT WE'VE BEEN MAYBE RUSHED TO BACK.
UM, NOT ALL UNITS, UH, ARE, HAVE NOT ALL TENANTS THAT HAVE RETURNED.
I HAVEN'T TROUBLED, BUT A GOOD NUMBER OF THEM.
AND SO THOSE ARE JUST SOME CONCERNS THAT WE HAVE, UM, VIA THE TEAM TENNIS ASSOCIATION AND WITH A LOT OF THE RETURNED, UM, TENANTS.
SO I JUST WANTED TO MAKE SURE THAT THE COMMITTEE UNDERSTOOD AND WAS ABLE TO HEAR THAT.
SO ONE QUESTION I, I HAVE AS A CHIEF KNOWLEDGE IS CODE ENFORCEMENT BEING OUT TO THOSE APARTMENTS.
HAS, HAS YOUR COMPLAINTS BEEN FILED WITH THE APARTMENT? YES, THERE'S BEEN COMPLAINTS.
UM, SOME OF THE REPAIRS, THINGS ARE NOT BEING COMPARED.
UM, AND WE JUST WANT THE, WE WANT THE UNITS TO BE MOVING AND READY ONCE THE TENANTS ARE RETURNING AND THEY'RE NOT MOVING READY.
AND SO WHENEVER THEY'RE GOING TO THE TENANTS ARE RETURNED OR GO IN AND GO SPEAK WITH THE, UH, OFFICE OR WITH EUREKA.
LIKE THERE'S LACK OF COMMUNICATION.
YOU CAN'T GET THROUGH, UM, YOU CALL, THEY, THEY'RE ASKING YOU TO EMAIL YOUR EMAIL.
YOU'RE NOT GETTING A RESPONSE.
UM, SOME OF THE UNITS ARE NOT FULLY REPAIRED.
THAT AGAIN, THERE'S BEEN NO RUNNING WATER AND BATHROOMS. THESE ARE THINGS THAT WERE SUPPOSED TO BE FIXED.
IT'S BEEN A COUPLE OF MONTHS, BUT IS THERE ANYTHING ELSE YOU WANT TO WET YOUR STATEMENT? YEAH.
WE JUST WANT TO MAKE SURE THAT ALL THE ISSUES ARE ADDRESSED AS WITH ALL THE REPAIRS BEFORE GOING HOME, BECAUSE ONCE THE UNIT, THE TENANTS WOULD SIGN ON, IT'LL BE THE SAME THING.
IT'LL BE, WE DON'T HAVE ENOUGH TIME OR WE'VE BEEN NOW THAT THE TENANTS ARE BACK HOME, THAT THEY CAN'T GO IN AND FIX IT.
MS. BREWSTER, YOUR CONCERNS ARE SOMETHING THAT WE CAN NOT TAKE CARE OF.
UH, JUST MEAN SOMETHING WE CAN TAKE ACTION ON SINCE IT'S NOT AN AGENDA ITEM FOR TONIGHT'S MEETING, BUT BASED ON YOUR COMMENTS, I WILL CONSIDER IT ON AS A FUTURE, UH, ITEM FOR OUR NEXT MEETING, VICE CHAIR.
UH, WE DO HAVE THIS ON THE AGENDA FOR A STAFF BRIEFING LATER.
THIS, UH, THIS PROPERTY, IT IS ON THE, YES, IT'LL BE ON THE AGENDA OF THE STAFF.
IT'S AN AGENDA ITEM THAT WE WILL GET BRIEFED ON, BUT IT'S NOT, UH, IT'S NOT SET FOR ACTION FOR TONIGHT.
ANY OTHER COMMENTS REGARDING, UH, CITIZEN PURCHASE? UH, COMMUNICATION BY ANYBODY VICE-CHAIR I DON'T BELIEVE WE HAVE ANYONE ELSE SET FOR CITIZEN COMMUNICATION.
[APPROVAL OF MINUTES]
WE MOVE ON TO THE CASES, COULD WE[00:10:01]
GO AHEAD AND APPROVE THE MINUTES FROM THE MAY 13TH AND MAY 26 MEETINGS? YES.UH, NOW WE'RE GOING TO GO INTO, UH, INTO THE AGENDA ITEM OR THE APPROVAL OF THE MINUTES.
UH, SO WE ARE LOOKING AT THE, UH, MEETING AT THE MEETING IN MAY THE TWO MEETINGS, THE, UM, THE SPECIAL MEETING, AND THEN THE IRREGULAR CALLED MEETING.
SO, UH, WE'RE GOING TO TAKE THEM ONE AT A TIME AND A MAY 13 SPECIAL CALL MEETING THE COMMISSIONER SAY, READ THE, UH, MINUTES.
IT DOES NOT MATTER IF YOU'RE AN EDITOR, THE MEETING FOR YOU TO BE ABLE TO VOTE.
IF YOU WRESTLEMANIA IS, UH, AND THE PERSON AT THE MEETING, YOU CAN STILL GO AHEAD AND VOTE ON I MOVE.
WE ACCEPT THE MEETING MINUTES FROM THE MAY 30TH MEETING COMMISSIONER MUELLER HAS A MOTION.
IS THERE A SECOND, BUT I CAN IMAGINE OF YOUR SECOND BY COMMISSIONER GREEN.
LET'S GO AHEAD AND TAKE A BLUE, RIGHT? UH, I'M GOING TO DO IT ONE AT A TIME.
COMMISSIONER THOMPSON, COMMISSIONER GREEN.
OH, COMMISSIONER THOMPSON, COMMISSIONER TOWSON.
I GUESS MY PHONE IS NOT WORKING, RIGHT? YEAH.
IT WASN'T COMING IN CLEAR OUT.
SORRY, BUT WE KNOW THAT YOU AS THE S UH, COMMISSIONER GREEN.
AND I WILL, UH, APPROVAL OF THE MEETINGS TOO.
SO, UH, THAT'S A, A UNANIMOUS MR. CHAIRMAN.
I WOULD KNOW COMMISSIONER SILLY APPEARS TO HAVE JOINED.
WHAT WAS THAT AGAIN, SIR? I SAY, I, I BELIEVE WE HAVE SALLY GETS PRESENT.
COMMISSIONER NUCLEAR PRESSURE.
WE CAN'T HEAR, LET ME SHARE A SHOUT OUT HERE.
NOW, UH, WE HAVE THE, UH, MEETING, UH, MAY THE 26.
IS THERE A MOTION TO APPROVE THE MINUTES OF THE MEETING ON MAY THE 26TH, 2021 MOTION BY COMMISSIONER MUELLER? WELL, UH, MOST OF THEM ARE COMMISSIONER MILLER, UH, ZERO SECOND.
I'M GOING TO CALL THE ROLL ON THE ROAD.
UH, COMMISSIONER
I VOTE TO APPROVE AND COMMISSIONER SALAD AND I SHARE, OR THE VICE CHAIR.
SO THAT'S A SEVEN VOTES IN FAVOR.
IT'S UNANIMOUS VICE CHAIR WITH YOUR PERMISSION.
CAN I BEGIN CALLING THE CASES ON THE AGENDA? ALL RIGHT.
WE'RE GOING TO START OFF WITH A PUBLIC HEARING AND WE'RE GOING
[1. Case Numbers: Bldg. 3: CL 2021-086007, CL 2021-086037 & CL 2021-086090; Bldg. 4: CL 2021-086120; Bldg. 5: CL 2021-086132; Bldg. 6: CL 2021-086172; Bldg. 9: CL 2021-086133; Bldg. 10: CL 2021-086136; Bldg. 12: CL 2021-086137& CL 2021-086237; Bldg.13: CL 2021-086244 & CL 2021-086255; Bldg. 14: CL 2021-086295; and Bldg. 15: CL 2021-086281 & CL 2021-086263. Property address: 9500 Dessau Road (aka 9500 Apartments), Bldg. 3, Units 313, 314& 332; Bldg. 4, Unit 416; Bldg. 5, Unit 511; Bldg. 6, Exterior; Bldg. 9, Unit 911; Bldg. 10, Unit 1025; Bldg. 12, Units 1213& 1221; Bldg. 13 Exterior & Unit 1312; Bldg. 14, Exterior; and Bldg. 15, Exterior& Unit 1513 Staff presenter: Javier Salas, Austin Code Department Staff recommendation: Repair multi-family commercial structure (Part 1 of 2)]
TO GO INTO AGENDA ITEM NUMBER ONE.ITEM NUMBER ONE ON THE AGENDA IS A COMMERCIAL MULTIFAMILY PROPERTY LOCATED AT 9,500 DESSARO ROAD.
WE WILL BE 15 CASES FROM BUILDINGS, THREE THROUGH 6, 9, 10, AND 12 THROUGH 15.
THE CASE NUMBERS CAN BE VIEWED IN THE RECOMMENDED ORDER, AND RATHER THAN READ
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THEM OUT LOUD TO YOU INDIVIDUALLY, THEY'RE BEING DISPLAYED ON THE SCREEN.ALL EXHIBITS AND OTHER RELEVANT DOCUMENTS FOR THIS PROPERTY CAN BE FOUND IN THE GOOGLE DRIVE FOLDER IN A FOLDER TITLED 9,500 DSR ROAD.
LET'S REVIEW LET'S REVIEW A FEW FACTS ABOUT THE PROPERTY.
THIS IS ABOUT A COMMERCIAL MULTIFAMILY PROPERTY WITH A TOTAL OF 16 BUILDINGS AND 188 UNITS.
TONIGHT, WE ARE ADDRESSING SEVEN BUILDINGS CONSISTING OF 15 CASES.
THE CASES WERE ESCALATED TO BSC.
FOLLOWING THE INCLEMENT WEATHER EVENT IN FEBRUARY, THESE STRUCTURES HAVE SUBSTANDARD CONDITIONS REQUIRING REPAIR IN THE GOOGLE DRIVE FOLDER.
FOR EACH OF THE REFERENCE CASES, YOU WILL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP REQUIRED NOTICES OF HEARING AND NOTICES AND POSTINGS A STRUCTURAL MAP OF THE PROPERTY.
EVEN NUMBERED EXHIBITS TWO THROUGH 30, WHICH CONTAIN THE COMPLAINTS IN CASE HISTORIES AND THE NOTICES OF VIOLATION, ODD NUMBERS, ODD NUMBERED EXHIBITS THREE THROUGH 31 H WHICH CON, WHICH CONSISTS OF CODES, PHOTOGRAPHS OF THE PROPERTY AND VIOLATIONS.
AND LASTLY CODES RECOMMENDED ORDERS BY BUILDING AUSTIN CODE INSPECTOR.
JAVIER SOLACE IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THESE CASES.
AND WE'LL DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED INSPECTOR SOLACE.
PLEASE BEGIN YOUR TESTIMONY, ADAM, YOU CAN PULL UP THAT FIRST.
I'M A CODE OFFICER WITH THE CITY OF AUSTIN CODE DEPARTMENT ASSIGNED TO THIS CASE.
UH, I'M HERE TO DISCUSS THE CODE VIOLATIONS AT 9,500 APARTMENT COMPLEX LOCATED AT 9,500 DECILE ROAD.
THE OWNER HAS BEEN IDENTIFIED AS MAR SINGLE LLC ON FEBRUARY 14TH, 2021, THE STATE OF TEXAS AND CITY OF AUSTIN, OR IMPACTED BY A WINTER STORM EVENT, WHICH PRODUCED FREEZING WEATHER AND SEVERAL INCHES OF SNOW.
IT HAS BEEN OVER FOUR MONTHS SINCE THIS, SINCE THIS WINTER STORM HAS PASSED, BUT THERE ARE TENANTS THAT THE 9,500 DESALLE ROAD APARTMENT COMPLEX, WHICH ARE STILL BEING AFFECTED AND LIVING IN SUBSTANDARD CONDITIONS BEGINNING ON APRIL 2ND, 2021, THE AUSTIN CODE DEPARTMENT RECEIVED MULTIPLE COMPLAINTS FROM TENANTS AT THE 9,500 APARTMENTS REPORTING, NUMEROUS SUBSTANDARD CONDITIONS IN THE APARTMENTS AND ON THE EXTERIOR OF THE BUILDINGS.
TENANTS REPORTED CONTRACTORS STARTED REPAIRS ONSITE TO ADDRESS WATER DAMAGE FROM BURST PIPES DURING THE FEBRUARY WINTER STORM, BUT WERE, BUT REPAIRS WERE NEVER COMPLETED.
TENANTS REPORTED CONTACTING AUSTIN CODE DUE TO EXTENDED TIME WITH DISREPAIR, AS WELL AS LACK OF COMMUNICATION FROM MANAGEMENT ON WHEN THE REPAIRS WILL BE COMPLETED THROUGHOUT THE MONTH OF APRIL, MYSELF AND OTHER INSPECTORS, COMPLETED INSPECTIONS AND OBSERVED NUMEROUS STRUCTURAL VIOLATIONS ON THE PROPERTY.
MANY OF THESE SUBSTANDARD CONDITIONS WERE DAMAGED AND MISSING INTERIOR AND EXTERIOR WALLS, BUT ALSO INCLUDED INSECT AND RODENT INFESTATION AS WELL AS PLUMBING, ELECTRICAL, AND MECHANICAL DEFICIENCIES.
ON APRIL 16TH, 2021, I MADE CONTACT WITH LEASING OFFICE, UH, WITH PROPERTY MANAGER, NICOLE SEPATA AND ADVISED HER THERE WERE MULTIPLE CODE CASES AT THE COMPLEX ON APRIL 29TH, 2021.
I POSTED NOTICES OF VIOLATION ON PREMISES.
I POSTED THE NOTICES OF VIOLATIONS FOR THE LISTED OWNER AND T CAT, AS WELL AS THE REGISTERED AGENTS.
THESE NOTICES INCLUDED THE CASE NUMBER, THE UNIT, OR BUILDING NUMBER, A DESCRIPTION OF THE VIOLATION, THE RECOMMENDED REMEDY AND THE DATE THE UNIT WAS POSTED ON MAY 10TH AND MAY, MAY 22ND, 2021.
I RECEIVED EMAILS FROM 9,500 DESKTOP REGIONAL PROPERTY MANAGER, JANIE PRO GONZALEZ, STATING THAT REPAIRS WERE GOING TO BE MADE AND PERMITS OBTAINED, BUT NO TIMEFRAME FOR GIVEN ON MAY 20, THE NINTH, 2021.
I EMAILED PROPERTY MANAGEMENT TO ADVISE THEM THAT THE COMPLIANCE TIMEFRAMES FOR THE CASES AT 9,500 DESKS, ALL ROAD HAD EXPIRED AS OF THAT DATE ON JUNE 2ND, 2021, I BEGAN MAKING FOLLOW-UP INSPECTIONS TO BUILDINGS AND UNITS.
I OBSERVED NO CHANGE IN THE UNITS.
I INSPECTED AND OBSERVED ONLY ONE OPENING IN THE EXTERIOR OF THE BUILDING.
BUILDING 13 HAD BEEN COVERED TENANTS AGAIN, REPORTED NO UPDATE OF TIMELINE ON REPAIRS FOR MANAGEMENT TENANTS REPORTED.
NO ACCOMMODATIONS HAVE BEEN OFFERED TO THEM AT ANY TIME, OTHER THAN HELP WITH FILING OUT APPLICATIONS FOR PUBLIC RENTAL ASSISTANCE THROUGH GOVERNMENT AGENCIES ON JUNE 9TH, 2010, I RECEIVED AN EMAIL FROM LEGAL COUNSEL REPRESENTING 9,500 DESALLE ROAD APARTMENTS.
PAUL WATERS, WHO STATED THAT THE APPLICATIONS FOR PERMITS HAVE
[00:20:01]
NOW BEEN SUBMITTED AND CONSTRUCTION CONTRACTS WITH THIRD-PARTY CONTRACTORS HAVE BEEN NEGOTIATED TO MAKE THE NECESSARY REPAIRS ON JUNE 15TH, 2021.I MADE CONTACT ON-SITE WITH PROPERTY MANAGER, NICOLE
I FOUND SEVEN ACTIVE BUILDING PERMITS FOR DRY WALL REPAIRS.
FOR THIS ADDRESS, THESE PERMITS WERE SUBMITTED TO THE CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT ON JUNE 14, T 2021.
I OBSERVED NO ASSOCIATED PLUMBING AND ELECTRICAL AND MECHANICAL PERMIT SUBMITTED OR ACTIVE FOR THIS LOCATION, OBTAINING AND FINALIZING TRADE PERMITS WITH THE DEVELOPMENT SERVICES DEPARTMENT IS IMPORTANT WHEN EXTENSIVE REPAIRS OR RENOVATIONS OCCUR AT A PROPERTY, IT ENSURES THAT THE CONTRACTOR OBTAINING THE PERMITS IS REGISTERED WITH THE CITY OF AUSTIN AND VALIDATES THAT THE CONSTRUCTION BEING PERFORMED IS OCCURRING IN A SAFE AND WORKING LIKE MANNER.
THIS CONCLUDES MY PRESENTATION.
I WILL NOW TAKE YOU THROUGH THE LABEL PHOTO EXHIBITS.
UH, THE INITIAL PHOTO WAS, UH, BRINGING BACK TO THAT INITIAL PHOTO.
UH, THAT'S THE CONSTRUCTION CON EXHIBIT THREE A IS A CONTEXTUAL PHOTO OF THE 9,500 APARTMENTS, UH, SIGN NEXT LIKELY EXHIBIT THREE, B IS BUILDING THREE.
C IS THE FRONT DOOR FOR BUILDING THREE 13.
3D IS PEELING PAINT, UH, IN THE LIVING ROOM FROM THE CEILING IN THE LIVING ROOM OF UNIT 3 13, 3 E IS MISSING AND DAMAGED, UH, INTERIOR WALLS.
IT'S A MISSING DRYWALL ALONG WITH, UH, EXPOSED, UH, EXPOSED WIRES AND STUTZ THREE F EXCUSE ME, THREE F IS MISSING, UM, CEILING ALONG WITH EXPOSED PIPES AND RAFTERS.
3G IS THE UTILITY CLOSET FOR BUILDING THREE 13, AS YOU CAN SEE, UH, THERE'S SOME MISSING DRYWALL THERE IN THE CORNER, ALONG WITH US, SOME BLACK MOLD LIKE SUBSTANCE, UH, THEY'RE ALSO IN THE CORNER.
YOU CAN SEE, UH, EXPOSED INSTALLATION ON THE, UH, BEHIND THE BLACK TARP THERE.
NEXT SLIDE FIVE A IS CONCEPTUAL OF THE FRONT DOOR OF 3 14 5 B IS THE LIVING ROOM OF UNIT THREE 14.
AS YOU CAN SEE A LARGE PORTION OF THE WALL THERE, AND THE LIVING ROOM HAS BEEN REMOVED.
THERE IS AGAIN, TARP THAT HAS BEEN PLACED, UM, THERE ON UNLIMITED, UH, WALLS.
YOU CAN SEE CEILING, UM, DRYWALL HAS BEEN REMOVED AND THE TUFTS SITTING THERE AS WELL, FIVE C IS MORE DRY WALL THAT HAS BEEN REMOVED ALONG WITH A OUTLET WITHIN A NO FACE FACE PLATE COVER FIVE D IS THE WALL BETWEEN THE, UH, UTILITY STORAGE ROOM, WHICH HAS AN EXTERIOR, UM, DOOR AND THE LIVING ROOM.
SO YOU CAN SEE THERE'S NO WALLS, NO DRYWALL THERE.
AND I, UM, YOU CAN SEE MISSING BASICALLY COVERS FOR THE, UH, FOR THE LIGHTS AND FOR THE OUTLETS THERE.
UM, THE, UH, THE COMMON WALL BETWEEN THIS UNIT AND ITS NEIGHBORING UNITS.
UH, YOU CAN SEE A BIKE IN THERE, THAT'S FROM THE NEIGHBORS.
UM, THERE'S NO WALL IN BETWEEN THOSE TWO UNITS, BOTH OF WHICH WERE OCCUPIED AT THE TIME OF INSPECTION, UH, FIVE F UH, SHOWS DAMAGED, UH, AND MISSING SHEET ROCK AGAIN, UM, THERE IN THE CEILING, UH, YOU CAN SEE EXPOSED, UH, FIRES, UM, IN THAT SLIDE AS WELL IS, UH, REPORTED BLACK MOLD LIKE SUBSTANCE 5G.
AGAIN IS MISSING SHEET ROCK WITH, UH, UH, NO FACEPLATE COVERS TO THE, UH, OUTLET THERE.
SEVEN EIGHT IS THE FRONT DOOR OF THREE 30 TO SEVEN.
B IS IN THE LIVING ROOM OF 3 32.
YOU CAN SEE SOME WATER DAMAGE SUSTAINING THERE.
SEVEN C IS THE UTILITY CLOSET, UH, IS THE UTILITY ROOM.
AND YOU CAN SEE THERE'S A COVERING THERE FOR, UM, A HOLE IN THE CEILING.
70 IS, UH, DAMAGED TO THE DRYWALL IN THE UTILITY ROOM.
IT'S AROUND THE WASHER-DRYER HOOKUP.
[00:25:01]
THERE AND THE DRYWALL AND INSULATION ON THE GROUND.THIS IS AN EXTERIOR CONTEXTUAL PHOTO OF A BUILDING FOR NEXT SLIDE, PLEASE.
NINE B IS THE FRONT DOOR OF UNIT 4 16 9 C IS THE LIVING ROOM OF UNIT FOUR 16.
AS YOU CAN SEE, UH, THE BLACK TARP IS COVERING MISSING DRYWALL.
YOU CAN SEE A HOLE IN THE WALL, THE DRYWALL THERE AS WELL AS A MISSING DRYWALL IN THE CEILING EXPOSED WOODEN RAFTERS.
90 IS A, UM, UH, BRINGING ON AN OUTLET THERE.
AND NINE E IS MISSING CEILING DRYWALL IN THE UTILITY STORAGE ROOM WITH EXPOSED PIPES, RAPTORS AND WIRES.
NEXT SLIDE, THIS EXTERIOR BUILDING FIVE EXCELLENT 11 B IS CONTEXTUAL OF UNIT THREE 11 FRONT DOOR, 11 C IS A WALL INSIDE OF THE, UH, LIVING ROOM, UH, UNIT 3 11, 5 11, EXCUSE ME.
UH, ELEVENTY IS THE UTILITY ROOM AND FOR UNIT FIVE 11, I'M MISSING SHEET ROCK.
AND THEN THERE'S THAT PLASTIC TARP THERE AGAIN? UH, 11 E IS, UH, NO FACE PLATE COVERS TO, UH, THE OUTLETS IN, UM, THAT STORAGE UNIT UTILITY CLOSET.
NEXT SLIDE, 11 F 11 F IS THE, THE, UH, MISSING, UH, CEILING LIGHT AS WELL AS, UH, EXPOSED PIPES AND WIRES.
THIS IS THE EXTERIOR OF UNIT SIX BUILDINGS.
UM, IS THIS MISSING EXTERIOR WALLS FOR, UM, BUILDING SIX, NUMBER 13, B AND 13 SEAT DAMAGED AND MISSING NEXT, THIS NEXT SLIDE, PLEASE.
THIS IS EXTERIOR BUILDING NINE.
15, B IS THE FRONT DOOR OF NIGHT OF 9, 11 15 C IS AGAIN, DAMAGED AND MISSING DRYWALL IN THE LIVING ROOM.
UH, UH, FIVE OF 9, 11 15 D IS A FLAKING AND DAMAGED PAINT THERE.
AND THE KITCHEN AREA 15 E IS DAMAGED COUNTERTOPS, UM, IN THE KITCHEN AREA AS WELL.
AND NEXT SLIDE, 15 F IS THE DAMAGED DISHWASHER FROM THE KITCHEN.
15 G IS THE TOILET, WHICH HAS NOT BEEN, UH, SECURELY SECURED ONTO THE, UM, THE FLOOR THERE.
19 A IS THE EXTERIOR CONTEXTUAL PHOTO OF BUILDING 10.
19, B IS UNIT 10 25 19 C SHOWS THE KITCHEN OF UNIT 10 25.
SO YOU CAN SEE THE, UH, KITCHEN CABINETS, UH, HAVE BEEN REMOVED ALONG WITH, UH, DRYWALL AGAIN, UM, IN 19 D THAT'S HIGHLIGHTED, UH, AS THERE'S NO, THE, THE KITCHEN SINK THAT YOU SEE THERE WAS, WAS PLACED BY, IT WAS PUT UP BY THE ACTUAL TENANT THERE, SO THEY COULD HAVE A KITCHEN SINK, A WORKING KITCHEN SINK, UM, AND EXPOSED PIPES AS WELL.
UH, 19 E YOU CAN SEE, UM, EVIDENCE OF A RODENT INFESTATION PEST INFESTATION, NEXT SLIDE, 19 F AND 19 G SHOW THE INOPERABLE, UH, STOVE IN THAT UNIT, 19 H AND 19, I SHOW THE FREEZER, UH, THE, THE REFRIGERATOR IN THAT UNIT AND THE FREEZER THAT NEEDS TO BE, UM, HOOKED UP WITH THAT, UM, WITH THAT BUNGEE CORD SO THAT IT STAYS SHUT.
[00:30:01]
SHOWS THE DAMAGE TO THE EXTERIOR SIDING, UH, IN THE BALCONY AREA, THAT UNIT NEXT LINE, THIS IS CONTEXTUAL OF BUILDING 12.19 B SHOWS UNIT 12 13, 19 C IS, UH, INSIDE OF UNIT 12, 13 SHOWING DAMAGED AND MISSING DRYWALL FROM THE WALLS AND CEILING 19 D AGAIN SHOWS MISSING, UH, DRYWALL AND DAMAGED DRYWALL OR EXPOSED INSTALLATION.
NEXT SLIDE, 21 IS CONTEXTUAL 12 21 21 B SHOWS THE KITCHEN IN 1221.
UM, AGAIN, MISSING COUNTERTOPS, MISSING SINK.
UM, YOU CAN SEE THEIR DISHES THEY'RE ON THE GROUND, UH, 21 C AND 21 D UH, SHOW EVIDENCE OF, UM, OF INFESTATION.
NEXT SLIDE, 21 E IS THE MASTER BEDROOM, A KITCHEN SINK.
I MEAN A BATHROOM SINK 21 F IS THE HALLWAY BATHROOM SINK AND HALLWAY BATHROOM SHOWING, UM, THE MISSING DRYWALL AND THE SEAT ON THE GROUND AS WELL.
21 G SHOWS THE NO FIXTURES IN THE BATH IN THE BATHTUB AND 21 H SHOWS THE EXPOSED WIRING IN THE BATHROOM AS WELL.
NEXT SLIDE, 21 SHOWS MISSING DRYWALL IN THE UTILITY CLOSET.
21 J SHOWS THE LOCATION OF WHERE THE DISHWASHER WAS PLACED.
UM, DURING REPAIRS 21 K SHOWS THE DILAPIDATED AND, UH, HANDRAIL, UH, AND THE, UH, THE BACK PORCH AREA.
THIS IS EXTERIOR OF BUILDING 13 X, LIKE 23, B AND 23 C SHOW SEPARATE BOWLS IN THE EXTERIOR OF THE BUILDING.
UH, 23 B UH, AS YOU CAN SEE, IS STILL OPEN SHOWING, UM, UH, PIPES AND INSTALLATION.
23 C HAS, UH, A PIECE OF PLYWOOD IN A FIXED OVER NEXT LIFE.
THIS IS EXTERIOR, UH, UNIT 13, 12, NEXT SLIDE.
TWENTY-FIVE B UH, AGAIN, MISSING, UH, SHEET, UH, IN THE CEILING THERE 25 C SHOWS, UH, EVIDENCE OF POSSIBLE, UH, MORE LIKE SUBSTANCE IN THE, UH, IN THE CABINETS THERE.
THIS IS EXTERIOR BUILDING 14, NEXT SLIDE.
27 B UH, SHOWS THE, UH, THE HOLES IN EXTERIOR OF BUILDING 1427 SEES A CLOSEUP OF THE, THE HOLE THAT WAS CUT UNDERNEATH THE STAIRCASE.
2070 IS THE HOLE RIGHT ABOVE THAT.
AND 27 E IS THE, UH, WHOLE ABOVE, UM, THE THIRD HOLE ABOVE THAT AS WELL.
AGAIN, YOU CAN SEE THE, THE INSTALLATION, THE PIPES, UM, THAT ARE EXPOSED AND OPEN TO THE ELEMENTS.
NEXT SLIDE IS EXTERIOR BUILDING 15.
NEXT SLIDE IN 29 B SHOWS A HOLE, UH, ON THE SIDE OF THAT BUILDING 29 C SHOWS TWO SEPARATE, UH, OPENINGS THAT WERE CUT, UM, IN THE BALCONY AREAS OF, OF UNITS CATTY-CORNER TO THE 29, B 29 D UH, SHOWS OUTSIDE OF UNIT 15, 11, UH, DAMAGED, UH, EXTERIOR WALLS.
UH, 2019 IS A CLOSEUP OF THAT UNDERNEATH THE STAIRCASE.
NEXT SLIDE, 31 A IS UNIT 15, 13 31 B SHOWS THE KITCHEN TO THAT UNIT 15, 13, AS YOU CAN SEE, AGAIN, MOST OF THE, UM, DRYWALL HAS BEEN REMOVED.
UM, THERE IS NO KITCHEN SINK OR CABINETS, UM, THERE THAT WHITE, UH, KIND OF SAUCER DOWN THERE WAS PLACED THERE BY THE TENANTS TO CATCH LEAKING WATER FROM THE EXPOSED PIPES THERE.
UM, 31 C UH, SHOWS A HOLE IN THE DRYWALL, LEADING OUT TO THE EXTERIOR, UH, WHICH THE TENANTS STATED, UM, RODENTS WERE USING TO GAIN ACCESS TO THEIR UNIT 31 D SHOWS EVIDENCE OF INFESTATION.
[00:35:01]
HE SHOWS THE BLACK TARP THAT WAS USED TO COVER THE HOLE IN THE CEILING THERE.AND THE MISSING GRAVEL 31 F SHOWS THE LOCATION OF THEIR, UH, DISHWASHER THAT WAS PLACED OUT IN THE, UH, IN THE BACK PORCH.
THEN 31 G UM, IS, UH, JUST A CLOSE UP OF THE SCENE WITH SOME EXPOSED WIRING THERE.
UM, AND, UM, NO FACEBOOK COVERS 31 H IS CLOSE UP.
UH, THE, UH, THE CEILING LIGHT SHE CAN SEE HAS BEEN REMOVED.
NEXT SLIDE, PLEASE, BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THESE STRUCTURES ARE A PUBLIC AND ATTRACTIVE NUISANCE WITH SUBSTANDARD CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBITS ONE THROUGH 31 H CONSISTING OF ALL EVEN NUMBERED EXHIBITS, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND ODD NUMBERED EXHIBITS, WHICH ARE PHOTOGRAPHS OF THE PROPERTY AND THE VIOLATIONS ALSO CHAIR BEFORE VICE CHAIR.
BEFORE I READ THE RECOMMENDATION, I WOULD LIKE TO MAKE A REQUEST SINCE THE LANGUAGE IS IDENTICAL IN EACH OF THE RECOMMENDED ORDERS.
COULD YOU PLEASE ALLOW ME TO READ IT ONCE WITH THE UNDERSTANDING THAT WE ARE REQUESTING SEPARATE ORDERS BE ISSUED BY BUILDING YOUR REQUEST IS GRANTED.
SO STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT INCLUSION CONCLUSIONS OF LAW FOR ALL REFERENCE CASES IN ORDER BY BUILDING THE FOLLOWING FOR CERTAIN INTERIORS AND UNITS OF BUILDINGS, THREE THROUGH 6, 9, 10, AND 12 THROUGH 15 ONE OBTAIN AND FINALIZE ALL NECESSARY PERMITS TO REPAIR ALL CITED VIOLATIONS TO THE COMMERCIAL MULTI-FAMILY STRUCTURE.
WITHIN 30 DAYS FROM THE DATE, THE ORDER IS MAILED THREE REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE AND FOUR ON THE 31ST DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $2,000 PER WEEK BY BUILDING THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REQUIRED REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTRA SHELLA CREW AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL VICE-CHAIR.
I'D LIKE TO RECOGNIZE COMMISSIONER GREEN AT THIS TIME.
YOU'VE BEEN RAISING YOUR HAND COMMISSIONER, GO AHEAD AND TELL US, I THINK, UH, MS. ALLIE'S, UH, BUY-IN WAS VERY LOW.
I COULD BARELY HEAR I FOLLOWED ALONG WITH THE PRINTED MATERIAL, UH, BUT, UH, I'D SUGGEST THAT, UH, UH, SOMEBODY HELPED, UM, MS. ALLIE, UH, GET A BETTER MICROPHONE BECAUSE I, IT WAS NOT INTELLIGIBLE.
UH, LOOK, I WAS FOLLOWING ALONG WITH THE CLOSED CAPTION, MR. MR. GREEN, REPEAT.
I THINK WE'VE TURNED UP MY VOLUME.
CAN YOU HEAR ME BETTER NOW? WOULD YOU LIKE FOR ME TO REPEAT THE RECOMMENDED ORDER, PLEASE, PLEASE.
UH, CHAIR, COULD YOU ALSO ADMIT THE EXHIBITS ONCE I'M FINISHED? UM, IT'S FADING OUT AGAIN, STAFF ALSO REQUESTS.
PARDON? CAN YOU HEAR ME NOW MUCH BETTER STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ALL REFERENCE CASES AND ORDER BY BUILDING THE FOLLOWING FOR CERTAIN INTERIORS AND UNITS OF BUILDINGS THREE THROUGH 6, 9, 10, AND 12 THROUGH 15 ONE OBTAIN AND FINALIZE ALL NECESSARY PERMITS TO REPAIR ALL CITED VIOLATIONS TO THE COMMERCIAL MULTI-FAMILY STRUCTURE.
WITHIN 30 DAYS FROM THE DATE, THE ORDER IS MAILED THREE RESPECT REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE AND FOUR ON THE 31ST DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $2,000 PER WEEK BY BUILDING THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST, SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
THANK YOU AT THIS TIME, THE, UH, UH, SHARE WE'LL GO AHEAD.
AND IT MADE ALL, LET'S SAY FROM ONE TO 31, COULD YOU PERSIST, UH, OF ALL,
[00:40:01]
EVEN NOT REALLY SAY THIS, WHICH INCLUDES PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND ADD NUMBERED EXHIBIT SQUISH OR PHOTOGRAPHS OF THE, UH, PROPERTY AND VIOLATIONS AT THIS TIME? I BELIEVE WE HAVE A, UH, RED PER SEDATIVE FOR THE OWNER OR PROPERTY NUMBER ONE, AND I BELIEVE THAT'S, UH, ATTORNEY CURLIN MCDONALD.ARE YOU PRESSING ATTORNEY MCDONALD? ARE YOU PRESENT? HELLO, MR. VICE CHAIR.
ARE YOU OKAY? AND YOU HAVE ANY INSURANCE INCORRECT? YES, SIR.
SO YOU, UH, YOU CAN GO AHEAD AND, UH, UH, PRESENT YOUR, UH, YOUR PROPERTY OWNERS, UH, UH, POINT ON THIS, UH, VIOLATIONS THAT HAVE BEEN CITED AND THERE BEFORE US GO AHEAD.
UH, MR. VICE CHAIR, COMMISSIONERS, THANKS FOR YOUR TIME.
THE MEETING AGAIN, MY NAME IS CAROLINE MCDONALD.
I WAS BROUGHT IN ORTIZ HERE ON BEHALF OF THE PROPERTY OWNER.
UM, I THINK, UM, UH, YOU KNOW, WE GOT STRAIGHT TO THE POINT OF THIS.
THE ISSUE TODAY, URI WAS A CATASTROPHIC POP OF COVID DRASTICALLY IMPACTED RESIDENTS IN AUSTIN.
UM, 9,500 APARTMENTS WAS ONE OF THE SH JUST HAD ONE VALVE.
SO PHASE ONE WAS COMPLETELY WITHOUT WATER FOR ABOUT A WEEK.
UM, MANAGEMENT TEAM TOOK ACTION IMMEDIATELY TO GET THEIR TENANTS WATER, UM, PHASE TWO REMAINED OPEN, SO THEY WERE ABLE TO BRING WATER, UM, TO THE RESIDENCE AND PHASE ONE.
UM, THEY ALSO BROUGHT IN TANKS ARRANGE FOR TIME THAT Y YMCA AND HAD APPOINTMENTS AND BANK AND APARTMENTS THAT HAD WATER, UM, FOR EVENTS LIKE THIS, THERE'S ALWAYS AN ACTION PLAN, UH, FOR PROPERTY MANAGEMENT TEAM, BUT WITH SUCH UNFORESEEN CIRCUMSTANCES, THERE'S BEEN SIGNIFICANT DELAY IN THE REMODELING PROCESS, WHICH I THINK YOU'VE SEEN, UM, ON TOP OF THAT, THERE ARE CERTAIN LEASE PROVISIONS IN EACH LEASE WITH EACH TENANT THAT WE HAVE TO ADHERE TO, WHICH INCLUDES ENTERING, UH, YOU KNOW, CERTAIN UNITS, REPAIRS NOTICES, ET CETERA.
UM, DESPITE, UH, SOME OF THE COMMENTS I BELIEVE THAT CERTAIN TENANTS HAD SENT IN, UH, THE MANAGEMENT TEAM AT 9,500 H HAS BEEN OFFERING ALTERNATE UNITS COMPARE WITH COMPARABLE PRICES TO THE TENANTS THAT HAVE BEEN SEVERELY AFFECTED, INCLUDING THOSE ONSITE AND AT OTHER APARTMENTS HERE IN TOWN.
UM, SOME, UH, SOME HAVE DECIDED TO SAY SOME OF THOSE THAT HAD SOMEWHAT OF, UM, NOT AS INTENSE DAMAGE TO THEIR PLACES, BUT AS OF TODAY, I CAN, UH, CERTIFIABLY SAY THAT UNITS 3 1, 4 OR 1 6, 12 21, 13, 12, AND 1513 HAVE ALL BEEN RELOCATED TO AN ADEQUATE, UM, LIVING SPACE, A LITTLE BIT OF OUR TIMELINE AND OUR PROJECT PLAN.
UM, YOU KNOW, RIGHT AFTER THE STORM INTO FEBRUARY, MARCH, YOU KNOW, DAMAGE ASSESSMENT WAS DONE.
UM, WE HAD OUR TENANTS PROVIDE, YOU KNOW, THEIR DAMAGE THAT THEY'VE NOTICED TO US.
AND WE WENT THROUGH AND STARTED GOING THROUGH EACH UNIT IN MARCH.
WE REACHED OUT TO CONTRACTORS, OUR INSURANCE AGENCY AND STILL WE'RE EVALUATING AND ASSESSING.
UM, WE DID HAVE SOME CONTRACTORS COME OUT.
THEY SAID, WELL, LOOK, YOU NEED TO RIP SOME OF THIS STUFF OUT IMMEDIATELY, OR ELSE YOU'RE GOING TO HAVE, IT'S GOING TO SPREAD.
AND SO THAT'S WHERE YOU CAN SEE SOME OF THOSE, SOME OF THE WALL HAS BEEN RIPPED OUT.
UM, SO WE DID, WE DID DECIDE ON A CONTRACTOR.
UM, THEY BEGAN SOME OF THE DRY WALL.
THERE WERE SOME CONFUSION ON, UM, OBTAINING PERMITS.
UM, I BELIEVE THEY DID NOT THINK THEY NEEDED PERMITS FOR SOME OF THAT, SOME OF THE DRY WALL THAT THEY HAD.
SO THAT ALSO RESULTED IN A DELAY.
I'M SURE YOU CAN IMAGINE CONTRACTORS WERE HARD TO COME BY.
EVERYBODY NEEDED REPAIR AND THEN MATERIALS ALSO WERE HARD TO COME BY.
THERE'S STILL A SIGNIFICANT DELAY ON GETTING SOME OF THE APPLIANCES WOULD, UM, OTHER MATERIALS.
AND SO, UH, THE CODE INSPECTORS WERE MUCH FASTER THAN US.
THEY WERE ON IT, YOU KNOW, END OF APRIL, AS THEY SAID, UM, THEY ISSUED US THE NOTICE OF VIOLATION.
WE RESPONDED IN MAY AND OUR CONTRACTORS GOT THEIR ACT TOGETHER.
AND AS THE STATED, JUNE BEGINNING BEGAN PERMITTING AND THEY'VE ACTUALLY STARTED RECONSTRUCTION ON THE DRY WALL, SPECIFICALLY, UNIT NINE 11, THE SHEET ROCK, AND THE PLUMBING WAS COMPLETED LAST WEEK.
[00:45:01]
SO HURDLES HAVE COME TO LIGHT ON TOP OF, YOU KNOW, WORKING WITH TENANTS AND GETTING THEM RELOCATED.UM, THE MATERIALS, THE PERMITTING, OUR CONTRACTORS HAVE BEEN, UM, WE'VE BEEN WORKING THROUGH THROUGH EVERYTHING.
UM, SO WE HAVE AN ACTION PLAN IN PLACE, BUT THERE'S VARIABLES THAT WE JUST, WE CAN'T ALWAYS PREDICT.
UM, FOR INSTANCE, TODAY WE RECEIVE AN EMAIL THAT OUR CABINET CABINETRY MATERIALS IS ON BACK ORDER FOR THREE MONTHS.
SO WE UNDERSTAND THAT REPAIRS HAVE TO BE MADE, AND WE ARE DOING THAT, WHICH I THINK IT'S EVIDENCE BY, YOU KNOW, THE PERMIT SEVEN PERMITS ALREADY BEING SUBMITTED.
UM, WE HAVE CONTRACTORS PROVIDING BILL REPORTS WEEKLY.
UM, BUT I MUST SAY THAT THE 30 DAYS TO GET THESE REPAIRS DONE IS SO UNREALISTIC.
UM, OUR CONTRACTORS HAVE GIVEN US A TIMELINE WITH ALL THE PERMITTING FOR THE BUILDINGS.
UM, IT THAT'S AT LEAST 30 DAYS THE MATERIALS TO GET IT IN ABOUT 45 TO 60 DAYS.
AND THEN YOU HAVE TO ACCOUNT FOR LABOR.
YOU KNOW, THAT'S ABOUT THREE TO FIVE DAYS PER BUILDING.
SO ALL IN ALL, THAT'S ABOUT, THAT'S ABOUT 90 DAYS FOR US TO GET THIS GOING.
AND THAT'S WHAT THAT'S BEING STARTED RIGHT NOW.
UM, AND LIKE I SAID, WE'RE DOING WHAT WE CAN AND THE TENANTS OF UNIT 3, 1 4 4 1 6, 12 21 AND 13, 12 AND 1513 HAVE BEEN RELOCATED.
WE FOUND THEM AS COMPARABLE PLACE TO, TO LIVE WHILE WE DO THESE REPAIRS.
UM, I I'M RESPECTFULLY ASKING FOR ADDITIONAL TIME, UM, BEFORE THESE FINES START KICKING IN, UM, BECAUSE WE ARE WORKING OR HAPPY TO PROVIDE YOU A PLAN AND ACTION PLAN, KNOWING THAT IT MAY CHANGE BASED ON FEEDBACK FROM SOME OF OUR CONTRACTORS, BUT WE ARE, WE ARE DOING OUR, YOU KNOW, REQUIRED RESPONSIBILITIES.
UM, WE JUST, WE NEED MORE TIME AND, UM, WE ARE WORKING WITH THE RESIDENTS.
SOME OF THEM WILL NOT LET US IN TO THEIR, THEIR UNITS AT THIS TIME THOUGH.
AND SO THAT'S, THAT'S ALSO ANOTHER OBSTACLE.
UM, SO I UNDERSTAND AGAIN, THE FORTY-FIVE DAYS OR THE 30 DAYS WE HAVE IN THE RECOMMENDATION, BUT I'M RESPECTFULLY REQUESTING AT LEAST 90 DAYS FOR US TO GET THIS WORK DONE, HAPPY TO HELP.
UH, ANY QUESTIONS? I BELIEVE COMMISSIONER MAILER HAS A QUESTION.
SO THE LITTLE THING ON THE FRONT, YOU GOTTA UNLOCK IT AND THEN YOU PUSH THE HELLO.
SOMEBODY NEEDS TO MUTE THEMSELVES.
MY QUESTION FOR THE OWNER'S REPRESENTATIVE IS WHY DID YOU NOT SUBMIT PERMITS BEFORE MID JUNE FOUR MONTHS AFTER THE STORM AND GETTING, UM, OUR CONTRACTORS HIRED AND THERE, WE DID HIRE A CONTRACTOR.
THEY DIDN'T THINK THEY NEEDED PERMITS.
THEY THOUGHT THEY COULD DO A CERTAIN AMOUNT OF DRY WALL WITHOUT OBTAINING A PERMIT.
UM, SO THEN THEY FINALLY REALIZED WHAT THEY, YOU KNOW, WHAT THEY HAD TO DO.
THEY HAD TO GO OUT AND GET THEIR MATERIALS.
THEY HAD TO GET THEIR, THEIR LABOR.
AND THAT'S WHEN THE PERMITS WERE SUBMITTED.
BUT THE, THE ORDER THAT CODE GAVE YOU IN LATE APRIL MADE IT CLEAR YOU NEEDED TO GET PERMITS.
AND THAT'S, WE RESPONDED AND IN AN EMAIL DATED IN MAY SAYING WE ARE WORKING THROUGH THE PROCESS TO GET THE PERMITS, UM, COMPLETED, UH, VICE CHAIR.
DO WE HAVE ANY OTHER SPEAKERS ON THIS TRACTOR? YES, WE DO.
WE HAVE, UH, UH, FIVE, UH, PUBLIC PARTICIPANTS.
AT THIS POINT, I'M GOING TO GO AHEAD AND LET THE PUBLIC PARTICIPANTS COME INTO THE PICTURE.
THE FIRST ONE THAT I'M GOING TO, UH, RECOGNIZE IS A PARTICIPANT BY THE NAME OF CARLOS
YOU'RE RECOGNIZED AT THIS TIME.
[00:50:06]
UH, MR.I, INSTEAD OF YOU GOING AHEAD AND, UH, I, UNLESS THE INTERPRETER HAS YOUR WRITTEN STATEMENT OF EVERYTHING THAT YOU'RE GOING TO SAY, AND SHE'S JUST GOING TO COME BACK AND REPEAT THE WHOLE STATEMENT I CAN, I CAN AFTER, UM, AFTER HE FINISHES.
WELL THEN GO AHEAD AND FINISH YOUR STATEMENT, MR. BROTHER.
THERE IS
I SAID
MY NAME IS
AND I WOULD SUMMARIZE WHAT HAS HAPPENED, DEPRESSION.
AND WHEN I KNOW WHAT CAN BE DONE, WHAT HAS HAPPENED AFTER THE FIRST SAVIOR, ALL
I'M A SENIOR OFFICE WITH THREE MAINTENANCE PEOPLE TO PRETEND TO GIVE GOOD SERVICE.
AFTER THE WINTER STORM, THERE WAS NO RESPONSE FROM MANAGEMENT.
NO, DID THEY PROVIDE WATER, FOOD OR HELP IN ANY WAY? WE WERE JUST LEFT WITHOUT WATER FOR TWO WEEKS ON POWER FOR FOUR DAYS FROM SO FOR LONGER, UM, I WAS FEELING THE SAME OR WORSE THAN BEFORE THE PERSON.
THERE IS NO ACTION PLAN OR MADE A MASSIVE, WHO IS HER WORK NUMBER WORK WAS YOU THIS PART ON MANY TENANTS APARTMENTS ON THEIR OWN OR PRESSURED BY, BY THREADS THE FUTURE, THE SAME ON THE FRONT OF UNAFFORDABLE HOUSING IS A WRITE-UP FOR CITIZENS AND CHARGE.
SHOULDN'T BE PROTECTED, BUT THIS STATE, AND IT'S SO GORGEOUS, THERE IS NOT TENANT IT'S TENDER COMMISSION TO PROTECT THOSE AFFECTS.
[00:55:01]
INSTEAD, WE HAVE A BUILDING STANDARDS COMMISSION THAT ONLY LOOKS OUT FOR THE BUILDINGS AND PROPERTY OWNERS AND TENANTS.WE HAVE THE CODE OFFICIALS, CONSTANT MEMBER, GREG
THEY ALL DO A GREAT JOB, BUT YOU DON'T COME DOWN TO THE BIG OFFENDER OF THE BUILDING STANDARDS.
THINK SOMEBODY'S SON, FATHER BROUGHT IT ON THE PHONE FOR MOTHER LIVING WITH NO WATER, NO ELECTRICITY, NOTHING, NO INSULATION IN THE WALLS.
I'M TELLING ME IF THEY DESERVE TO LIVE LIKE THIS FOR 30, 45, 95 MORE DAYS AFTER SUFFERING FOR FOUR MONTHS, THE SIGNS FOR THOSE RESPONSIBLE FOR 1900 SHOULD BE IMMEDIATE AND EVEN RETRACTED ANY OTHER SOLUTION.
I HAVE NO IDEA HOW CAN THEY SLEEP AT NIGHT THINKING WHAT THEY HAVE BEEN PROLONGED, THE SUFFERING OF MANY BY THE DECISION OF THE FIELD FOR THEIR BROTHER STATED THE SUREST THING THE BUILDING CENTER COMMISSION CAN DO IS NUMBER ONE, DON'T GIVE, MAKE THE 500 IN MY MANAGEMENT ANY MORE TIME FOR THIS TIME HUSTLE, REALLY PART NUMBER TWO, BEGIN FINES IMMEDIATELY.
A POINT 900 APARTMENTS TO THE REPEAT OFFENDERS PROGRAM.
SO THEY, WE CAN, YOU CAN MAKE A DIFFERENCE FOR TEACHERS.
YOUR NAME IS SUSANNAH PIMENTEL.
AND NOW WE HAVE, UH, ANOTHER, UH, PARTICIPANT AND IT'S, UH, J UH, WILT THROUGH, WELL, OKAY.
CAN YOU HEAR ME? YES, GO AHEAD.
MY NAME IS JAY WALTZ, AND UNTIL ONLY RECENTLY I WAS A TENANT OF THE 9,500 APARTMENT.
AND MY YEAR AT THE PROPERTY, I'VE EXPERIENCED NEGLIGENCE AND A LACK OF COMMUNICATION MULTIPLE TIMES, EVEN BEFORE THE WINTER STORM.
SO FOR TONIGHT, I DO WANT TO HONE IN ON HOW THEY MADE AN ALREADY STRESSFUL, STRESSFUL SITUATION.
MY APARTMENT FLOODED THREE TIMES OVER THE COURSE OF THREE WEEKS, THE FIRST INCIDENT BEING A DIRECT RESULT OF WHAT WAS LIKELY A PIPE BURST DURING THE POWER OUTAGES OF THE WINTER STORM.
THE TWO SUBSEQUENT FLOODING INCIDENTS WERE RESULT OF RESIDUAL WINTER STORM DAMAGE LYING IN WAIT, I GUESS I SAY LIKELY.
AND I GUESS, BECAUSE TO THIS DAY, NOBODY FROM MANAGEMENT HAS EVER COMMUNICATED WITH ME ABOUT WHAT WAS WRONG WITH THE APARTMENT IN THE FIRST PLACE, NOR THEIR PLAN FOR FIXING IT OR WHAT ALL THAT WOULD ENTAIL.
REPAIR STARTED IN MY APARTMENT ABOUT A ONE AND A HALF MONTHS AFTER THE STORM.
AND BY THAT, I MEAN, THEY RIPPED OUT A WALL EXPOSING MY ROOMMATES ROOM TO THE EXTERIOR LAUNDRY ROOM.
YOU CAN SEE SUNLIGHT PEEKING IN FROM THE GAPS IN BRICK AND PANELING ON THE OUTSIDE WALL WITH ONLY A TARP HUNG UP TO SEPARATE THIS NEW SUNROOM FROM HER BEDROOM THERE, THE REPAIRS HAD BEEN FROZEN IN TIME FOR AT LEAST TWO MONTHS, THE EXPOSURE TO THE OUTSIDE AND THE LAUNDRY ROOM, INVITING PEST ISSUES LIKE, AND NOT INFESTATION OR A STRAY WALL, NO GUARANTEE THE FLOODING ISSUES WOULDN'T HAPPEN AGAIN.
A WALL MISSING A WASHER AND DRYER ROOM UNUSABLE ALL WHILE PAYING FULL RENT.
YOU COULD NOT HAVE ADVERTISED MY UNIT AS IS AN EXPECTED TO FIND SOMEONE WILLING TO PAY WHAT WE HAD TO IN ORDER TO KEEP LIVING IN IT.
BUT DURING THIS TIME, MY ROOMMATE AND I WERE DISPLACED AS OUR UNIT WAS UNLIVABLE, WHICH MEANS WE PAID RENT FOR SOMEWHERE.
WE COULDN'T EVEN ACTUALLY LIVE IN AS THE APARTMENT KEPT FLOODING, LEAVING UNSANITARY CONDITIONS AND MOLDED AREAS.
MY ROOMMATE SAW HOUSING WITH HER FAMILY AND ANOTHER PART OF TEXAS WHERE HOME HAD ALSO FLOODED DURING THE WINTER STORM.
AND I HAD TO LIVE ON SOMEONE'S COUCH.
ON THE ONE OCCASION, I GOT TO SPEAK TO ANYONE IN CONNECTION WITH THE PROPERTY AND ITS MANAGEMENT.
THEY DISMISSED THE SERIOUSNESS OF OUR SITUATION WHILE MAKING A PLEA FOR US TO BE PATIENT WITH THEM BECAUSE THEY WERE DOING THEIR BEST.
I COULD CLEARLY SEE A CERTIFIED LETTER.
I MAILED TO THEM DAYS EARLIER ABOUT OUR HEALTH CONCERNS I HAD MAILED BECAUSE THEY KEPT MARKING MY REPAIR REQUESTS THROUGH THE PORTAL COMPLETE WITHOUT DOING ANYTHING AND CALLING AND EMAILING NEVER LANDED AT AN EIGHT EITHER.
SO I EMAILED THE PROOF OF WHICH I COULD NOT ONLY, OR I MAILED RATHER THE PROOF OF WHICH I COULD NOT ONLY SEE RIGHT THERE ON THE MANAGEMENT DESK, IN FRONT OF ME ON OPEN, BUT VIA THE RETURN RECEIPT I HAD AS WELL FROM USPI SHOWING
[01:00:01]
THEY HAD RECEIVED IT AND STILL NO ONE EVER RESPONDED TO ME.THE STORMS ARE SCARY, BUT NOTHING WAS SCARIER THAN NOT KNOWING HOW TO GET HELP FOR OUR APARTMENT.
WHEN MANAGEMENT REFUSE TO EVEN TELL US WHAT WAS GOING ON.
SO OF HOW POORLY I'VE SEEN THEM USE THE TIME THEY HAVE HAD SINCE THE STORM TO WRITE THAT MANY WRONGS.
I DO NOT THINK ANY EXTRA TIME OR, AND SEE WILL MOUNTAIN TO ANY MEANINGFUL CHANGE FOR THE CONDITION OF MANY TENANTS APARTMENTS.
I URGED THAT THEY'D BE GIVEN NO ADDITIONAL TIME.
THEY'D BE FINE APPROPRIATELY AT THE HIGHEST AMOUNT.
AND I URGE THAT THEY BE ADDED TO THE REPEAT OFFENDERS LIST SO THAT NOBODY ELSE SHOULD CONTINUE OR EXPERIENCED FOR THE FIRST TIME, UH, SUFFERING LIKE I HAVE MR. CHAIR, I THINK YOU'RE MUTED.
NOW WE ARE GOING TO HAVE OUR NEXT, UH, OUR NEXT PUBLIC PARTICIPANT AND IT'S UH, JERRY MAR UH, RHONDA ORENDA.
I AM THE ORGANIZING DIRECTOR OF BALSA AND I HAVE BEEN WORKING WITH THE TENANTS ASSOCIATION OF 9,500 APARTMENTS SINCE MARCH, 2021.
THE TENANTS ABOUT 9,500 APPROACHED BASA AFTER THE WINTER STORM FOR HELP BRINGING WATER TO THEIR NEIGHBORS.
MANY TENANTS DID NOT HAVE RUNNING WATER FOR THREE TO FIVE WEEKS.
SOME DID NOT HAVE HOT WATER FOR UP TO FOUR MONTHS, 9,500 MANAGEMENT CUSHMAN, AND WAKEFIELD'S RESPONSE TO THE WINTER STORM DAMAGES WAS TO THE MOUNT DEMOLISH WALLS.
REEBOK'S SINKS AND CABINETS AND TEAR HOLES IN THE WALLS AND CEILINGS, WHICH LEFT INSULATION AND WIRING EXPOSED TENANTS ARE STILL WAITING FOR THE WORK TO BE COMPLETED AND ARE EXPECTED TO PAY FULL RENT, TO LIVE IN THESE DANGEROUS CONDITIONS.
AS PART OF THE WRITTEN TESTIMONY YOU WILL SEE IN YOUR POCKETS, YOU WILL SEE A DOCUMENT TITLED SILENCE OF THE LANDLORDS, WHICH IS A COLLECTION OF FIRSTHAND ACCOUNTS FROM TENANTS.
THESE STORIES WERE SHARED WITH IN APRIL AND FOUR MONTHS AFTER THE DAMAGES TENANTS HAVE STILL NOT HAD RELIEF FROM LIVING IN THESE UNSAFE CONDITIONS.
YOU'LL SEE IN PAGE 11 AND 12 JOSE, UH, HER BEST STORY WAS THERE AND HIS FAMILY HAD TO LIVE IN AN APARTMENT WHERE MAINTENANCE REMOVED THE KITCHEN SINK AND CABINETS THINGS IN THE BATHROOMS AND SHOWER HEADS AND FAUCETS WERE REMOVED.
AS YOU SAW IN JAVIER SOLACES PICTURES, UM, THERE WAS NO RUNNING WATER.
THEY COULD NOT COOK HER CLEAN AND SUFFERED SKIN ALLERGIES BECAUSE OF THE EXPOSED WALLS.
THE OFFICE TURNED HIM AWAY BECAUSE HE DID NOT SPEAK ENGLISH AND TO MAKE MATTERS WORSE, CUSHMAN AND WAKEFIELD ILLEGALLY LOCKED HIS FAMILY OUT OF THEIR APARTMENT.
RECENTLY, ANOTHER TENANT, UH, OLIVIA STILL HAS LARGE HOLES IN HIS WALLS.
AND CEILING HAS HAD ISSUES WITH AIR CONDITIONING AND PEST INFESTATION.
HE HAS HAD TO RESORT TO USING TAPE AND CARDBOARD TO COVER THE HOLES IN HIS KITCHEN FEELINGS.
WHEN HE RENEWED HIS LEASE RECENTLY, HE ASKED IF ANOTHER UNIT WAS AVAILABLE AND MANAGEMENT TOLD HIM THERE WAS NOTHING AND THAT IF HE DID NOT LIKE IT THERE, HE COULD MOVE TO ANOTHER APARTMENT COMPLEX.
HE'S STILL WAITING FOR HIS REPAIRS.
INSTEAD OF MAKING REPAIRS, CUSHMAN WILL FEEL HAVE GIVEN SEVERAL TENANTS NOTICE NOTICES OF LEASE TERMINATION, GIVING THEM SEVEN DAYS TO LEAVE WITH THREATENING LANGUAGE, TO REMOVE THEIR POSSESSIONS.
IF THEY WERE NOT OUT BEFORE THE DEADLINE, INSTEAD OF RESPONDING TO TENANTS, QUESTIONS AND CONCERNS, THEY HAVE SENT THE SAME GENERIC EMAIL SAYING, PLEASE BE PATIENT.
WE ARE WORKING ON REPAIRS, BUT THE TEXAS PROPERTY CODE DOES NOT OFFER THE SAME PATIENTS WHEN TENANTS ARE UNABLE TO PAY RENT ON TIME.
THE TENANTS ASSOCIATION HAS REQUESTED MEETINGS WITH CUSHMAN AND WAKEFIELD AND ARCHWAY HOLDINGS SINCE MARCH TO DISCUSS PROVIDING ALTERNATIVE ACCOMMODATIONS TO TENANTS WHILE THEIR UNITS ARE BEING REPAIRED, BUT THEY HAVE REFUSED TO MEET WITH THEM.
WE ARE HERE REQUESTING ABOUT THE BFC CHARGED THE HIGHEST FINE POSSIBLE $1,000 PER CODE VIOLATION PER DAY.
GIVE NO ADDITIONAL TIME CONSIDERING HOW IT'S BEEN FOUR MONTHS THAT TENANTS HAVE HAD TO LIVE IN THESE UNSAFE CONDITION AND PLACE 9,500 APARTMENTS BACK ON THEIR REPEAT OFFENDER PROGRAM.
THEY WERE PREVIOUSLY ON THE LIST AND IT IS EVIDENCE THAT THEY HAVE NOT IMPROVED, UH, TENANTS I'VE GATHERED TO WATCH THE LIVE STREAM OF TONIGHT'S MEETING.
JUST LIKE OVER 30 OF US DID LAST MONTH TO WATCH THE HEARING FROM YOU ARE FLAT IN MOUNT CARMEL.
UH, WE HOPE YOU DO THE RIGHT THING AND HOLD 9,500 APARTMENTS ACCOUNTABLE.
LET ME ASK YOU, UH, THE, UH, STORES THAT YOU SAY THAT YOU HAVE PLEASE VIEW OR THEY'RE IN A, UH, UH, IN A FILE FORM.
[01:05:01]
HAVE THEY BEEN PRESENTED TO, UH, TO THE, UH, UH, UH, COAT, UH, OFFICERS VICE CHAIR FOR A PRESENTATION IS EVIDENCE.I MEAN, IS IT AS EXHIBITS IN THIS CASE? VICE-CHAIR THIS IS MELANIE ALLI THERE IN THE BACKUP DOCUMENTATION.
SO, UM, IS, ARE YOU OFFERING TO PRESENT THEM AS EXHIBIT A FOR TODAY'S MEETING? UM, UH, YES, HE MAY.
WELL THEN THEY WILL BE SO ADMITTED.
THANK YOU NOW, UH, THE NEXT STEP AND THE NEXT AND FINAL SPEAKER THAT WE HAVE IS RICK CODERA.
MR. CODERA, YOU ARE RECOGNIZED CHAIR CHAIR.
HE'S SPEAKING ON THE NEXT ITEM ON CUDDLE DRIVE.
UH, I HIT HIM AS A SPEAKER NUMBER ONE THOUGH.
THAT WAS MY MISTAKE, MR. GREEN.
UM, WHAT EXHIBITS DID WE JUST, UH, ALLOWING, UH, OR 9,500 DESKTOP TESTIMONY.
IT'S SOME TENANT TESTIMONY IN YOUR BACKUP DOCUMENTS THING.
IT SAYS A COVER THAT SAYS TENANT TESTIMONY.
SO WE CARRY NO OUT NO MORE, UH, POVERTY, UH, PARTICIPATION OR A GENERIC ONE, UH, COMMISSIONERS ANYMORE.
ANY OTHER QUESTIONS YOU MAY HAVE OF THE PARTICIPANTS OF THE OWNERS OR OF CODE? UH, YES.
I, I WOULD LIKE TO ASK THE, UM, SPEAKER FROM BASTA TO EXPLAIN A LITTLE BIT MORE ABOUT THE PEOPLE WHO, UM, WHO WERE LOCKED OUT OR WHOSE LEASES WERE NOT RENEWED.
WHAT WERE THE REASONS FOR THAT THAT WERE GIVEN? UH, YES.
UH, THIS IS, THIS IS JODIE MARK.
UM, YEAH, SO SEVERAL OF THE, UM, UNITS, UM, THAT THE ATTORNEY MENTIONED, UM, FOUR 16 AND 1513, UM, THAT THEY MENTIONED THAT THE RELOCATED, ESSENTIALLY THESE TENANTS RECEIVED, UH, LETTERS, UM, THAT THEY SAID THAT THEY HAD A MATTER OF DAYS TO LEAVE, UM, ESSENTIALLY BECAUSE THEIR UNIT WAS UNINHABITABLE, UM, AND THAT THEY WOULD NOT BE ABLE TO RETURN.
UM, AND SO THE TENANTS THAT I SPOKEN WITH THAT HAD RECEIVED THESE NOTICES OF LEASE TERMINATION, UM, YOU KNOW, WERE JUST FEARFUL, UM, ANXIOUS.
UM, THEY HAD NO IDEA, YOU KNOW, WHERE THEY COULD MOVE.
THEY DIDN'T KNOW THAT THEY ACTUALLY HAD, UM, A CHOICE IF THERE WAS A CHOICE TO MOVE SOMEWHERE ELSE.
UM, AND SO ESSENTIALLY THEY WERE, UM, YOU KNOW, SCRAMBLING BECAUSE THE LANGUAGE IN THE LETTER, UM, YOU KNOW, MADE THEM FEAR THAT IT'S, IT WAS LIKE AS IF THEY WERE BEING EVICTED.
SO THEY DID NOT TELL THEM THERE'S ANOTHER UNIT YOU COULD MOVE TO IN THIS PROPERTY OR ANOTHER PROPERTY IN THE LETTERS THAT I, IN THE NOTICES THAT I SAW, UM, THESE TENANTS, UH, THAT THESE TENANTS SHARED WITH ME, NO, THAT WAS NOT INCLUDED.
UH, THANK YOU, MR. CHAIR, I'D LIKE ASK ONE QUESTION OF INSPECTOR OR SOLACE INSPECTOR ARE ALL OF THE VIOLATIONS IN PERSONALLY GAINED FROM THE MCDONALD'S TESTIMONY, IS ALL THE VIOLATIONS STEM FROM THE, UH, THE WINTER STORM EVENT? IS THAT, IS THAT YOUR UNDERSTANDING OR DID SOME OF THE VIOLATIONS PREDATE THAT EVENT? UH, CAN YOU HEAR ME? I CAN'T, UH, YEAH, UH, THAT'S THE MAJORITY OF THE, UM, THE VIOLATIONS, BUT THERE WERE SOME LIKE, AGAIN, THE APPLIANCES, UM, THAT WERE NOT FUNCTIONING AND, UM, SOME OF THE INFESTATION, I, I, I BELIEVE WASN'T RELATED TO THAT.
SO, BUT THE MAJORITY WERE FOR THE WINTER STORM CONCERNS, CONCERN, PARDON ME, CONCERNING THE TIMETABLE FOR OBTAINING PERMITTING OR REMEDYING, SOME OF THE VIOLATIONS, YOU KNOW, UH, IN YOUR EXPERIENCE IS THE, IS THE LAPSE OF TIME, UH, AN ISSUE HERE TYPICAL ATYPICAL LONGER THAN AVERAGE SHORTER STARTED BLINKING? NOPE.
[01:10:01]
CAN YOU HEAR ME NOW? I CAN'T.I BELIEVE THAT THE CODE DEPARTMENT GAVE A TWO WEEK GRACE PERIOD TO WHEN THEY FIRST, WHEN THE WINTER STORM FIRST HAPPENED.
UM, SO YOU DIDN'T HAVE TO PULL PERMITS.
UM, SO YOU COULD GO IN THERE AND GET THEM PRETTY QUICK TO MAKE THOSE REPAIRS JUST LIKE, UH, YOU KNOW, EVERYWHERE ELSE IN BOSTON.
UM, I DON'T BELIEVE THIS WAS DONE, THAT WAS DONE IN THIS, IN THIS CASE.
UM, BUT YOU KNOW, WE GOT THIS CASE PROBABLY LIKE A MONTH OR TWO AFTER THIS, UM, THE WINTER EVENT.
SO THAT WAS OUR FIRST TOUCH ON IT.
UM, BUT YOU KNOW, AGAIN, THEY, THERE WAS A GRACE PERIOD AT THE BEGINNING OF THIS THAT COULD HAVE BEEN STARTED IN THIS ALL HAPPENING BEFORE CODE WAS INVOLVED AND INSPECTED.
DID CODE FIRST RECEIVED THE CASE BY REASON OF TENANT COMPLAINTS? YES.
I HAVE NO MORE QUESTIONS FOR INSPECT YOURSELF.
THANK YOU, MISS MIKE, BUT IF I COULD KEEP THE FLOOR FOR A MOMENT, I'D LIKE A QUESTION OR TWO FOR MS. ARENA.
UM, IF I MAY GO AHEAD, IS THERE ANYTHING STILL WITH US? CAN YOU HEAR ME NOW? ARE YOU PRETTY STILL ON? OKAY.
I, I ALSO HAVE QUESTIONS FOR MS. MCDONALDS, SO RATHER THAN REMAIN ON THE LINE, IF I COULD JUST PROCEED WITH THOSE MS. MCDONALDS, CAMMIE.
UM, SO, WELL, WE HEARD FROM HIS HONOR THAT, UH, HUMANS IN MANY CASES WERE BEING ASKED TO PAY FULL RENT AND APARTMENTS THAT WERE IN STATES OF DISREPAIR.
IS THAT CORRECT? I DON'T HAVE ANY KNOWLEDGE OF THAT.
UM, I CAN ONLY SPEAK TO WHAT WAS GIVEN TO ME BY MY CLIENT.
AND THAT WAS NOT A QUESTION THAT I HAD ASKED THEM.
UM, WE ALSO HEARD FROM MS. WILK THAT THE PROPERTY MAINTENANCE CREW HAD RECEIVED A COMPLAINT BY A CERTIFIED MAIL, BUT DID NOT OPEN IT TO YOUR KNOWLEDGE, IS THAT CORRECT? OR IS THAT ANOTHER THING ON WHICH YOU'RE NOT ADVISED THAT YOUR CLIENT, UH, THAT IS JUST SOMETHING THAT I WAS NOT MADE PRIVY TO, BUT PRIOR TO THIS HEARING, SO I CANNOT SPEAK, SPEAK TO IT.
I WILL SAY THAT TYPICALLY NOT IN THEIR PRACTICE, BUT AGAIN, UM, FOR THIS, I DO NOT KNOW.
AND SPEAKING OF YOUR CLIENT, UH, I NOTICED THAT THE, THIS IS REGISTERED TO THE TEAK CAT TO A MARS.
SINGLE, IS IT, UH, WHO EXACTLY IS YOUR CLIENT? I REMEMBER MS. DONNA MENTIONED AN ARCHWAY, UM, WHICH I GATHER IS A REAL ESTATE FIRM AND THEN A CUSHMAN AND WAKEFIELD, WHICH IS PROBABLY A BROKERAGE WHO WHO'S YOUR CLIENT.
SO A CLIENT THAT HIRED US TO REPRESENT THEM ON BEHALF, UH, FOR THIS MEETINGS IS, IS THE FIRST ONE, THE MAR SINGLE YES, LLC.
AND WHO'S YOUR CONTACT AT MAR SINGLE.
SO WE'VE BEEN SPEAKING TO, UH, JANINE JANINE OR YES, JAMES, EXCUSE ME INVOLVED.
I JUST DIDN'T CATCH THE LAST NAME.
AND ARE THEY RELATED? ARE THEY RELATED TO ARCHWAY EQUITIES? OKAY.
UH, YOU KNOW, UH, I BELIEVE THAT, UM, JEN JANIE'S WITH THE, THE PROPERTY MANAGEMENT GROUP, THE CUSHMAN AND WAKEFIELD, UM, IF I'M UNDERSTANDING THE RELATIONSHIPS CORRECTLY.
SO IF I WERE TO REPRESENT TO YOU THAT OUR SINGLE LLC WAS WITHIN THE ARCHWAY EQUITIES HOLDING GROUP WITH SEAN WAS IVAN AS THEIR PRESIDENT, YOU WOULDN'T HAVE ANY, YOU WOULDN'T BE ABLE TO CONFIRM OR DENY THAT.
WELL, I HAVEN'T SPOKEN WITH THEM PERSONALLY.
SO YOU DON'T, YOU DON'T KNOW IF, IF YOUR CLIENT IS WITHIN THE LARGER HOLDING GROUP, UH, ARCHWAY EQUITIES, UH, THAT MENTIONED THE NAME, I BELIEVE MS. DONNA MENTIONED EARLIER, IS THAT, IS THAT YOUR TESTIMONY OR JUST THAT YOU HAVEN'T SPOKEN WITH THEM JUST THAT I HAVEN'T SPOKEN WITH WITH THAT SPECIFIC PERSON THAT YOU MENTIONED.
SO IT'S NOT YOUR TESTIMONY THAT SEAN MCGAVIN HAS NO INTEREST IN THIS PROPERTY.
IS IT YOUR TESTIMONY THAT SEAN GAVIN DOES NOT HAVE INTEREST IN THIS PRODUCT? I'M NOT SPEAKING TO SHAWN'S INTEREST IN THIS PROPERTY.
SO I GATHER YOU'RE DECLINING TO RESPOND TO THEIR QUESTION.
I, I DON'T WANT TO SPEAK TO THINGS THAT I AM NOT A HUNDRED PERCENT POSITIVE THAT, OKAY.
SO, SO SEAN LEE GRADUATE OF BEVERLY HILLS HIGH SCHOOL, UCLA, UH, UH, I, I, I KNOW DIDN'T TEACH HAD THAT THIS PARTICULAR PROPERTY AT ISSUE
[01:15:01]
IS WORTH $29 MILLION AND, UH, YOU PRACTICE HERE IN AUSTIN.SO, UH, I'M JUST, I GUESS, $29 MILLION NOT WORTH THE FLIGHT FROM, FROM BEVERLY HILLS TO COME TALK TO US ABOUT, I, I JUST I'M, I CAN'T, I CAN'T QUITE GATHER WHY HE'S NOT HERE UNLESS IT'S BY REASONABLE THE FACT THAT THIS IS ONE OF MAYBE JUST 20 DIFFERENT RESIDENTIAL PROJECTS THAT ARCHWAY HAS ALONE IN TEXAS, I MAY BE $29 MILLION.
BUT, UH, I, I WONDER AS YOU SAY, THERE ARE THE PLANS TO, TO, TO REMEDY THE SITUATION ON THE SIDE.
THIS ISN'T JUST A, A 10 31 EXCHANGE FOR ARCHWAY.
THIS IS SOMETHING THAT THEY'RE, THAT THEY'RE SERIOUS ABOUT IT.
AND WHAT'S THEIR LONG, WHAT'S THE LONG RANGE VISION FOR THIS SITE.
I MEAN, ARE THEY TRYING TO BE RESPONSIBLE CORPORATE CITIZENS, AUSTIN? I DO BELIEVE SO.
AND I THINK THAT'S EVIDENCED BY, BY THE WORK THAT THEY'RE TRYING TO DO CURRENTLY BY THE PERMIT THAT THEY'VE, THEY'VE SUBMITTED, THEY'RE ALREADY STARTED WORKING ON NINE 11, UH, GET AT NINE, 11 AND 30 COMPLETING THE REPAIRS THERE, UM, AS FOR THE OVERALL PROPERTY.
I'M NOT, YOU KNOW, I CAN'T SPEAK TO ANYTHING EXCEPT FOR THE D ON THE AGENDA TODAY.
I HAVE NO FURTHER QUESTIONS FOR THIS WITNESS.
THANK YOU, MR. CHAIR, ANY OTHER QUESTIONS TO STAFF? UM, MOSES RODRIGUEZ SUPERVISORS HERE.
UH, I WANTED TO GIVE YOU A TIMELINE.
UH, YOU KNOW, THE WINTER STORM WASN'T FEBRUARY, WE HAD OTHER PROPERTIES AFFECTED.
WE HAD CONSTANTLY OFFICERS GOING, UH, GETTING CALLS.
UH, WE HAD HEARD PLUMBERS BEING HIRED AND ON THE SPOT, UM, TO GET THESE REPAIRS DONE, BUT WHAT CAUSES TO GET MORE ATTENTION WAS THE TENANTS CALLING US AND GIVING US CALLING IN COMPLAINTS.
AND THAT'S WHY WE'RE HERE TODAY BECAUSE I JUST SPOKE TO THE CITIZENS THAT THE TENANTS, 9,500 TENANTS ABOUT A WEEK AGO, ME AND HOBBY JAVIER WERE IN A TENANTS MEETING AND THEY HAVE WHAT THEY'VE SAID TODAY TO Y'ALL, THAT'S WHAT THEY CAN REPLAY, REPLETE IT TO US THAT THEY HADN'T HAD ANY COMMUNICATION.
AND MR. CARLOS, UH, WHO SPOKE, HE TOLD US, UM, ABOUT HIS SITUATION AND THE SUFFERING HE'S BEEN THROUGH, BUT I JUST WANTED TO GIVE YOU THAT TIMELINE.
I MEAN, WE, WE WEREN'T THERE EVERY DAY, BUT WE WERE GETTING CALLS.
SO OFFICER, UH, HOBBYIST, SILAS CAME INTO MY GROUP IN APRIL AND IT BECAME HIS PRIORITY.
WE RE WE AS YOUNG ALLAH'S HERE IN MAY, A SPECIAL MEETING AND WE GOT IT AS QUICK AS POSSIBLE TO Y'ALL AND THAT'S WHY WE'RE HERE.
WE'RE GOING TO SHARE THAT TIME COMMISSIONERS, ANY OTHER QUESTIONS I'D LIKE TO, I'D LIKE TO MOVE THAT WE CLOSE THE PUBLIC HEARING MOTION TO CLOSE PUBLIC HEARING BY, UH, UM, UH, COMMISSIONER FIRST THAT, UH, UH, WE CAN GET A VOICE VOTE ON THIS ONE.
NOW, UH, BEING THAT WE HAVE CLOSER PUBLIC HEARINGS.
IS THERE ANYBODY READY TO PUT ANY MOTION FORTH, UH, REPORT THIS COMMISSION? UM, I WOULD, WELL, I MEAN, I I'D LIKE TO RAISE SOME ISSUES AND SEE WHERE OTHER PEOPLE ARE ON IT, BUT I, I DO AGREE WITH, UM, SOME OF THE SUGGESTIONS THAT WE JUST HEARD FROM THE SPEAKERS THAT WE SHOULD NOT GO AS LONG AS WHAT WAS PROPOSED, UH, IN THE ORDER.
I THINK, YOU KNOW, PEOPLE HAVE BEEN FOUR MONTHS IN THESE CONDITIONS.
IT'S REALLY, UH, IT'S, YOU KNOW, THAT'S UNLIVABLE, IT'S REALLY AWFUL.
UM, YOU KNOW, AND THE FACT THAT THE PERMITS WERE JUST PULLED ON THE 14TH IS SUGGEST TO ME THAT THEY KNEW THE HEARING WAS COMING UP.
AND SO THEY PULLED THE PERMITS, BUT THEN, YOU KNOW, IT'S, I WOULD LIKE TO PROPOSE THAT WE GIVE THEM SOMETHING LIKE 10 DAYS AND THEN WE START FINDING THEM FOR A VIOLATION.
[01:20:02]
SO THEY HAVE A LOT MORE INCENTIVE AND AS THEY, AS THEY REPAIR AND TAKE OFF, THEY CAN REDUCE THAT.BUT, UM, SO, SO MY INITIAL PROPOSAL WOULD BE 10 DAYS.
AND THEN, UM, A THOUSAND DOLLARS PER VIOLATION, ACCRUES DAILY.
WE HAVE THE ASSISTANT CITY ATTORNEY WITH US OR TO A MEETING.
UM, MR. BRENNAN CARR, UH, UH, THERE MAY BE A, UH, UH, THERE MAY BE A REQUIREMENT THAT WE GAVE SO MUCH NOTICE BEFORE WE STARTED PLANNING TYPE OF, UH, OF, UH, UH, FYS.
UH, THAT'S ALREADY RUN IN CART.
WHAT IS THE, UH, WHAT IS IT ALL REGARDING THE TIME BEFORE I START TO MAKE A COMMISSION? UM, VICE-CHAIR ABILA THIS IS TRISHA LINK WITH THE ASSISTANT CITY ATTORNEY'S OFFICE.
UM, MR. CARSON HERE, UH, TODAY, UM, I AM THE STANDARD.
THE REASONABLE STANDARD IS 30 DAYS.
HOWEVER, IF THE COMMISSION SALES BASED ON THE EVIDENCE AND THE TESTIMONY PROVIDED THAT 30 DAYS IS NOT REASONABLE, THEN THE COMMISSION CAN SET A DIFFERENT DATE.
I JUST LIKE TO POINT OUT THAT THE ORDER THAT CODE GAVE THEM INITIALLY GAVE THEM 30 DAYS.
AND THAT WAS AT THE END OF APRIL.
SO NOW THIS IS COMING ON TOP OF PREVIOUS TIME PERIODS.
IT COMES TO US AFTER THEY HAVEN'T MET THOSE.
OH, SO ALL COUNCIL GOING, UH, WELL, NO, NO, NO LESSER THAN 30 DAYS WOULD BE PERMISSIBLE.
IF THE COMMISSION PRIZE, IF THERE'S A, UH, ORIGINAL, UH, UH, A REASON ORIGINAL CAUSE, OR, OR WHAT'S THE STANDARD FOR SHORTENING THE TIME, IF THE COMMISSION BELIEVES THAT 10 DAYS IS WHAT IS REASONABLE INSTEAD OF THE 30 DAYS, WHICH IS A KIND OF, UM, STANDARD, THEN THE COMMISSION CAN REQUIRE REPAIRS IN 10 DAYS.
SO WHO WAS THAT? UH, YEAH, COMMISSIONER ASSESSOR.
I HAVE A FOLLOW UP QUESTION FOR MS. LANG GIA.
I DON'T KNOW IF YOU KNOW THE ANSWER TO THIS, BUT IN TERMS OF THE 10 DAY STANDARD, JUST FOLLOWING UP ON COMMISSIONER MILLER, QUESTION, THE REASONABLENESS, DO YOU KNOW WHETHER REASONABLENESS IS INTERPRETED TO MEAN WHETHER IT IS REASONABLY LIKELY THAT REPAIRS CAN BE EFFECTED WITHIN THE TIMEFRAME ALLOTTED? OR IS IT MORE OF A REASONABLENESS CONSTRUED AS REASONABLE? ALL THINGS CONSIDERED IN LIGHT OF THE SURROUNDING CIRCUMSTANCES? AND THE REASON I ASK IS I COULD IMAGINE SOMEONE MAKING THE CLAIM THAT IT IS SUFFICIENTLY UNLIKELY THAT AFFAIRS CAN BE COMPLETED IN 10 DAYS, THAT THE EVEN ORDERS A THING WOULD BE UNREASONABLE.
ON THE OTHER HAND, IT STRIKES ME THAT IT'S WHEN THE PROPERTY HAS ALREADY BEEN IN A STATE OF DISREPAIR FOR AN UNREASONABLY LONG PERIOD OF TIME, THAT IT MIGHT BE AN APPROPRIATE INCENTIVE TO SHORTEN THE TIME REMAINING IN WHICH TO COME INTO COMPLIANCE.
UH, EVEN IF THE EFFECT OF THAT MIGHT SEEM UNITIVE.
UH, DO YOU HAVE A SENSE AS TO WHETHER THAT INTERPRETATION WOULD FOLLOW A FOUL OF THE POPULAR VIEW OF REASONABLE AS YOU UNDERSTAND IT IN CONTEXT? THANK YOU, MS. LANE.
OH, W WELL, I, I THINK TO THAT COMMISSIONER, I THINK YOU COULD ADD THE FACT THAT, UH, HE ACTUALLY WAS, AND HAD BEEN ADMITTED INTO EVIDENCE IS A LETTER FROM CODE ALREADY GIVEN THEM 30 DAYS NOTICE TO REPAIR.
I BELIEVE IT WAS SOMEWHERE IN APRIL, CORRECT.
COMMISSIONER SENATE, YOU'RE RECOGNIZED.
SO IF WE SHORTENED THE PERIOD OF TIME, IT'S MY UNDERSTANDING THAT ANY ACTUAL, WE TAKE THE, UM, AND BE TAKEN TO DISTRICT COURT ON APPEAL.
AND WILL THAT AFFECT ANY KIND OF REAL WORK GETTING DONE IF EVERYTHING GETS CAUGHT UP IN THE COURTS, BECAUSE IT'S UNDER APPEAL, I'LL START WITH THE LAST QUESTION FIRST.
UM, IF AN INDIVIDUAL APPEALS FOR COMMISSIONED ORDER BEFORE THE 30 DAY DEADLINE IN STATE LAW, DAN IS SIMPLY HOLD ON.
[01:25:12]
ISN'T TECHNOLOGY.GO AHEAD, MICHELLE, CAN YOU HEAR ME NOW? UM, MY APOLOGIES, UM, STARTING WITH THE LAST QUESTION FIRST, UH, IF SOMEONE, IF IT DOES GO TO DISTRICT FOUR AND THE ORDER IS NOT IMPACTED, UNLESS THERE'S SOME SPECIFIC ACTION THAT HAPPENS AFTER THE CASE IS FILED.
UM, SO THE ORDER WOULD STILL BE IN PLAY, UM, TO THE ISSUE OF REASONABLENESS.
THAT REALLY IS GOING TO BE WHAT THE COMMISSION DETERMINES BASED ON ALL THE INFORMATION HAS BEEN PROVIDED TO THEM TODAY.
UM, WHAT THAT TIMEFRAME LOOKS LIKE, UM, WHAT WOULD BE REASONABLE IN THE CIRCUMSTANCES THAT ARE PRESENTED TO YOU TODAY AND THE OTHER, I GUESS THING THAT I WOULD SAY TO THE 10 DAY TIMEFRAME IN THE DATE WITH THE ORDERS, SO THAT ALMOST GIVES IT TO YOU ACTUALLY BASED PERMISSION.
SO IT DOES TAKE TIME FOR STAFF TO, UM, TO MOVE.
CAN I ADD TO JUST THE REASONABLENESS THING? I MEAN, MY THINKING IS I THINK ALONG THE LINES OF, UM, WHAT COMMISSIONER TO DAD WAS GETTING AT, IF, IF IT WAS, UH, IS IT REASONABLE FOR THEM TO REPAIR IT AT THIS POINT, IT COULD BE A REWARD FOR FOOT DRAGGING AND BAD BEHAVIOR.
SO I THINK WE HAVE TO KIND OF TAKE INTO ACCOUNT THE BROADER PICTURE, YOU KNOW, HOW WE GOT TO THIS POINT IN THINKING ABOUT THIS.
AND I FEEL LIKE WE'VE BEEN GIVING PEOPLE 30 DAYS OR WHATEVER, AND YOU KNOW, THEY'RE NOT, IT'S NOT MAKING THEM DO IT FASTER.
PEOPLE WHO'VE SPENT WAY TOO LONG IN BAD CONDITIONS.
A LOT OF THESE OWNERS NEVER ENDED UP PAYING ANY FINES.
IT'S JUST, YOU KNOW, COST OF DOING BUSINESS AND THEY'RE STILL COLLECTING RENT.
SO I FEEL LIKE WE NEED TO MAYBE THINK ABOUT THIS A LITTLE BIT DIFFERENTLY IF WE WANT PEOPLE TO GET MOVING.
MS. LINK, WHAT ONE LAST QUESTION.
I'M SORRY, WHAT IS THE MAXIMUM FINE PROVIDE ELATION PER DAY OR A PROPERTY SUCH AS THE COMPLEX THAT DOES NOT MATTER HOMESTEAD FOR ME? $8,000.
THANK, UM, IT FELT LIKE COMMISSIONERS, I GUESS IF WE'RE IN THE DISCUSSION STAGE, IF I CAN.
I JUST, YOU KNOW, I'VE BEEN IN THIS A WOMEN'S COMMISSION FOR A FEW, FEW, MANY MONTHS NOW.
ACTUALLY I, SINCE I CAN'T, UH, PROBABLY GETTING ON TWO YEARS, I'VE PROBABLY LOST COUNT EXACTLY.
BUT I HAVE LEARNED TO TAKE CERTAIN CUES FROM, UH, FROM STAFF.
I DON'T THINK OUR JOB OR OUR RESPONSIBILITY IS TO RUBBER STAMP STAFF RECOMMENDATIONS.
UH, ON THE OTHER HAND, UM, I, I, I, I DON'T TURN A DEAF EAR TO SIGNALS FROM STAFF, UH, ABOUT THE RELATIVE IMPORTANCE.
I DON'T JUST TRY TO MECHANICALLY APPLY THE LAW IN A SORT OF WOODEN FORMALISTIC WAY.
UH, RATHER I TRY TO BE SENSITIVE TO EXTENUATING CIRCUMSTANCES TO EVIDENCE THAT, UH, UH, THE PROPERTY OWNER IS DOING THEIR LEVEL BEST.
UH, ON THE OTHER HAND, I ALSO AM SENSITIVE TO IN, UH, OF BAD BEHAVIOR, UM, AS EVIDENCE THAT, UH, PERHAPS OUR POWER, UH, UH, INCENTIVE ADJUSTMENTS, UH, MIGHT BE, UH, MORE WARRANTED THAN IN OTHER CASES.
AND I WOULD JUST RESPECTFULLY SUBMIT, UH, TO MY FELLOW COMMISSIONERS THAT I DO SEE SOME OF THOSE IN DC, UH, HERE, UH, IN THE FORM OF THE, UM, UNSETTLING TESTIMONY WE HEARD FROM SOME OF THE RESIDENTS OF THE PROPERTY IN THIS CASE, AND FROM THE TESTIMONY FROM, UH, THE INSPECTOR AND SUPERVISOR, UH, TO THE EXTENT THAT THE VOLUME OF CALLS, UH, FROM, UH, EFFECTED RESIDENTS WAS A FACTOR IN THE URGENCY WITH WHICH THEY ADDRESSED THIS PARTICULAR PROPERTY.
AND SO WITH THAT IN MIND, I, I DON'T WISH TO UPSTAGE COMMISSIONER MR. MILLER, IF YOU'D LIKE TO MAKE THE MOTION, BUT YOU WOULD HAVE MY FULL SUPPORT IF YOU WANT IT TO MOVE, TO ADOPT THE STAFF'S FINDINGS OF FACT AND CONCLUSIONS OF LAW, EXCEPT TO PROVIDE THAT THE PROPERTY BE BROUGHT INTO COMPLIANCE WITHIN 10, RATHER
[01:30:01]
THAN 30 DAYS.AND THAT AT THE EXPIRATION OF 10 DAYS, A FINE OF $10,000 PER VIOLATION PER DAY COMMANDS.
SO, UH, I'M NOT MAKING THAT MOTION.
I THINK IT'S COMMISSIONER MUELLER'S MOTION TO MAKE, UH, SHE'S THE ONE WHO STARTED THIS COLLOQUY, BUT THAT'S JUST, THOSE ARE JUST MY THOUGHTS ON THAT.
AND WITH THAT, I'LL YOU'LL BACK.
UM, I JUST WANTED TO, YOU SAID $10,000 PER VIOLATION PER DAY.
SO I'LL MAKE THAT MOTION THEN YOU STATED IT BETTER THAN I COULD.
UM, I MOVE THAT, WE ACCEPT THE FINDINGS OF FACT AND WHAT IS IT PRETTY THAT THE OTHER PART OF THIS CONCLUSIONS OF LAW, EXCEPT THAT WE AMEND THE TIME PERIOD TO BE 10 DAYS FROM WHEN THE ORDER IS MAILED AND THAT AT THE CONCLUSION OF THAT 10 DAY PERIOD, THAT THE FINE BE $1,000 PER VIOLATION PER DAY, IT WOULD BE MY HONOR TO SECOND THAT MOTION.
I SHOULDN'T, UH, MAILER DOES YOUR MOTION AT DRESS THE BASIS FOR GOING ON 10 DAYS INSTEAD OF 30 DAYS? UM, I THINK WE JUST DID THAT IN OUR CONVERSATION.
I DON'T BELIEVE I HAVE TO INCLUDE THAT IN THE MOTION ITSELF.
MY REASONING IS I WANT THEM TO, IT'S BEEN TOO LONG AND I THINK, SORRY, I THINK I BELIEVE IT WOULD BE SAFER.
THE, YOU, THE B THE REASON FOR GOING, UH CHAT-BASED INSTEAD OF THE PROPOSED 30 DAYS WOULD ALSO BE PART OF THE MOTION.
I COULD ADD, UM, THIS, THIS MOTION IS PUT FORWARD, UM, IN LIGHT OF THE EXTENDED TIME PERIOD THAT TENANTS HAVE HAD TO LIVE IN SUBSTANDARD CONDITIONS, EXPOSING THEM TO, UM, PAST INFESTATIONS EX YOU KNOW, UM, TO THE EXTERIOR, HAVING AN ADEQUATE PLUMBING, YOU KNOW, LIVING IN SUBSTANDARD CONDITIONS.
AND THAT WE'RE CONCERNED ABOUT THAT.
MR. CHAIRMAN, I JUMPED IN AGAIN, I THINK, I MEAN, IT MIGHT BE PRUDENT TO, TO, TO REQUEST A LITTLE BIT OF DRAFTING ASSISTANCE FROM THE CITY ATTORNEY, UH, SORRY, MS. LINK.
I DON'T MEAN TO MAKE YOU DON'T GROUP TONIGHT, BUT I, I SUPPOSE, UH, IS THIS ONE OF THOSE WHERE IT WOULD BE APPROPRIATE TO ACTUALLY ACTUALLY AMEND THIS TO MAYBE HAVE LIKE A WHEREAS CLAUSE? UM, WHEREAS THE BUILDING OF STANDARDS COMMISSION FINDS THAT X, Y, AND Z WITH RESPECT TO THE PROPERTY.
AND WHEREAS THE COMMISSION FINDS THAT X, Y, AND Z WITH RESPECT TO THE CONDUCT OF THE OWNER IN THIS CASE NOW, THEREFORE IT IS ORDERED THAT, AND THEN THE ORDER PROCEED, UM, TO RECITE IN THE LANGUAGE ORDINARILY, EVEN THE ORDINARY FORM SUBJECT TO THE AMENDMENTS COMMISSIONER MILLER IS PROPOSING.
IS THAT, IS THAT SOMETHING THAT'S TYPICALLY SEEN TO SORT OF INOCULATE THE ORDER AGAINST, UM, AN OBJECTION IN, IN DISTRICT COURT THAT WE ACTED WITHOUT A REASONABLE BASIS? UH, DO YOU THINK THAT'S NECESSARY, DO YOU THINK IT'S PRUDENT TO, IS IT SOMETHING WE CAN DO TONIGHT? SO IT, IT'S NOT SOMETHING WE TYPICALLY DO, BUT WE ALSO, UM, USUALLY GET CLOSER TO 30 IN MOST CASES IN MY EXPERIENCE.
UM, HOWEVER, BASED ON CIRCUMSTANCES, IF THE COMMISSION FEELS THAT THAT'S THE 10 DAYS IS APPROPRIATE, WE CAN DO THAT.
UM, AND IF IT WOULD, IT WOULD, UM, FEEL A LITTLE BIT CLEAR FOR THE COMMISSION AS TO WHY THEY'RE MAKING THIS CHOICE TO PUT IT IN WRITING, OR WE CAN DO, I CAN, THE COMMISSION WILL TABLE THIS ITEM.
I CAN DRAFT AND SHORT, UM, SET UP, UM, THE FINDINGS THAT SUPPORT THE 10 DAY DECISION.
AND YOU CAN DO THAT BASED ON THE EVIDENCE HAS BEEN PRESENTED AND THE EXHIBITS THAT HAVE BEEN ALLOWED.
AND WE WOULD STILL BE ABLE TO VOTE ON THIS A LITTLE BIT LATER IN THIS MEETING THEN.
LET ME, UH, LET ME SEE IF I CAN, UH, PARAPHRASE YOUR, YOUR MOTION.
YOUR MOTION IS TO, UH, HAVE AN ORDER AS PRESENTED THAT, UH, THE PROPERTY OWNER HAS TO OBTAIN IN FRONT OF LIGHTS, OWNERS AND AIR PERMITS, UH, REPAIRABLE SAFETY VIOLATIONS WITHIN 10 DAYS.
AND IT, UH, AFTER THE 10 DAYS OF THE VIOLATIONS AND ROBBING CORRECTED, THEY ADVISE WHALE, UH, A THOUSAND DOLLARS PER DAY WITH THE SAME 10% INTEREST ADDED FOR MY FATE
[01:35:01]
IN QUARTERS AT 30 DAYS, IS THAT WHAT'S ON THE ORDER.IT WOULD BE ON THE 11TH DAY, I'M THE, TODAY ON DEALING WITH IT JUST, SO IS THAT YOUR MOTION? THE MOTION WAS A THOUSAND DOLLARS PER VIOLATION, A THOUSAND DOLLARS PER VIOLATION OR FOR A DATE.
NOW I'M STARTING ON THE 11TH DAY.
AND IT IS ON YOUR MOTION ON ALL OF THE PROPERTIES THAT HAVE BEEN CITED.
SO THERE'D BE INDICATE, IS THERE A SECOND TO THE EMOTION? SURE.
WE'RE JUST WAITING FOR ADDITIONAL LANGUAGE FROM THE CITY ATTORNEY.
PAIN IS YOUR MOTION BASED ON THE FACT THAT YOU THINK THAT GENDER IS A REASONABLE BASED ON EVERYTHING THAT WE HEARD TODAY AND THAT WAS PRESENTED? YES.
BUT THAT'S WHAT WE'RE ASKING THE CITY ATTORNEY TO HELP US DRAFT SOME LANGUAGE TO, UM, LAY OUT THOSE FACTS.
SO THEN I'M GOING TO S UH, I'M GOING TO CALL FOR THE QUESTION.
I THINK WE CAN, WAIT, WAIT, EXCUSE ME, VICE CHAIR.
I THINK WE NEED TO WAIT FOR THE CITY ATTORNEY TO BRING US BACK THAT SPECIFIC LANGUAGE TO ADD TO THE MOTION AND THEN WE'LL VOTE ON IT.
AM I UNDERSTANDING CORRECTLY TO THE ATTORNEY LINK? YES.
IF YOU COULD PULL THIS TABLE UP BESIDE THEM, JUST FOR, UM, WHILE YOU WAIT FOR THE NEXT CASE, THEN, UM, I CAN HAVE THAT LANGUAGE READY FOR THE PERMISSION.
CAN I ALSO ASK, I'M ASSIGNED TO A, WE COULD GO THROUGH WITH A MOTION TODAY AND YOU WOULD DRIVE IT FOR LATER, BUT YOU'RE GOING TO GRAPHIC FOR LATER THIS MEETING SO WE CAN DO IT LATER TODAY.
WELL THEN, UH, UH, I'M GOING TO TABLE, UH, AGENDA ITEM NUMBER ONE FOR NOW.
WE'LL, WE'LL TAKE UP GEORGINA THE MEETING AND, UH, DO, UH, KOSHER MELANIE.
UH, I MEAN, UM, UH, UH,
BUT I HAVE A QUESTION ABOUT THIS ORDER FIRST, BEFORE WE MOVE FORWARD, THIS WOULD BE ORDERS BY BUILDING.
SO WE HAVE SEVEN DIFFERENT BUILDINGS, I BELIEVE, 10 BUILDINGS.
SO THAT WOULD BE 10 SEPARATE ORDERS.
I JUST WANT SOME CLARIFICATION.
THAT WAS THE PROPOSED RECOMMENDATION RECOMMENDATION WAS FOR 10 SEPARATE ORDERS.
WHAT DID YOU TOUCH A FONDANT? UH, WHEN SHE WAS MAKING HER MOTION? SO IT IS, UH, IT'S RECOGNIZED AS PART OF THE MOTION IT'S OKAY.
ALL OF THE CASES, BUT THE FINE IS PER VIOLATION.
AND THERE ARE MULTIPLE VIOLATIONS PER BUILDING BASICALLY IS PER PORT ORDER.
THIS ORDER COVERS ALL THE VIOLATIONS IN ALL OF THOSE BUILDINGS AND YOUR, YOUR MOTION COVERS ALL OF THOSE SEVEN BUILDINGS? YES.
WHEN WE COME BACK AND WE'LL OKAY.
UM, SO WHICH AGENDA ITEM DO WE NEED TO MOVE UP TO SO WE CAN GET, UH, THINGS THAT ARE CHAINED BEHIND ON TODAY.
WE HAVE, UH, LET'S GO AHEAD AND MOVE ON TO CODDLE IF WE MAY CHAIR VICE CHAIR.
[2. Case Number CL 2021-085105 Property address: 9802 Cottle Drive Owner: Ingeborg Dyke Staff presenter: Anthony Rainey Staff recommendation: Repair residential structure]
ACTUALLY AGENDA ITEM NUMBER TWO.ITEM NUMBER TWO ON THE AGENDA IS CASE NUMBER CL 20 21 0 8 5 1 0 5.
AND IS REGARDING THE PROPERTY LOCATED AT 9 8 0 2 CUDDLE DRIVE STAFF EXHIBITS CAN BE FOUND IN THE LAVENDER BOOK IN THE GOOGLE DRIVE FOLDER.
THIS CASE IS ABOUT AN OCCUPIED SINGLE FAMILY RESIDENTIAL STRUCTURE.
IT WAS ESCALATED TO BSC IN APRIL, 2021.
THIS PROPERTY HAS BEEN TO ADMIN HEARING TO OUR, THROUGH OUR ADMINISTRATIVE HEARING PROGRAM PREVIOUSLY.
AND TODAY WE ARE ADDRESSING THE PLUMBING AND ELECTRICAL VIOLATIONS AS THEY RELATE TO THE STRUCTURAL CONDITIONS.
THE THERE ARE UNSAFE CONDITIONS AT THIS PROPERTY, WHICH ARE CONSIDERED SUBSTANDARD AND REQUIRE REPAIR IN YOUR GOOGLE DRIVE FOLDER.
YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINING CASE HISTORY, THE COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD, THAT VERIFIES OWNERSHIP, THE REQUIRED NOTICES OF VIOLATION AND NOTICES OF HEARING AND EXHIBIT TWO, WHICH CONSISTS OF CODES, PHOTOGRAPHS
[01:40:01]
MARKED ASAND LASTLY CODES RECOMMENDED ORDER.
I WOULD ALSO LIKE TO STATE ON THE RECORD THAT THE INSPECTOR POSTED THE PROPERTY AND TOOK PHOTOGRAPHS, BUT THE PHOTOS DID NOT COME OUT.
SO THERE ARE NO POSTING PHOTOS IN THE, IN YOUR EXHIBIT AUSTIN CODE INSPECTOR, ANTHONY RAINEY IS HERE TONIGHT TO PRESENT THE PHOTOS IN THIS CASE, MARKED AS EXHIBITS TWO A THROUGH TWO, I, AND WE'LL DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED IN THE PHOTOGRAPHS INSPECTOR RAINY.
GOOD AFTERNOON, COMMISSIONERS.
UH, I AM ANTHONY RAINY ON THE CODE OFFICER APPARENTLY TO ASSIGNED TO THE CASE AT 98 0 2 CUDDLE DRIVE.
THE PROPERTY IS A SINGLE FAMILY CO UH, PROPERTY, AND THE OWNER IS ANGER DIED.
UH, THERE ARE MULTIPLE INTERESTS OF PARTIES AT THIS PROPERTY.
UH, TODAY I'LL BE PRESENTING EVIDENCE FOR NOT 8 0 2 CABO DRIVE.
UH, THIS CASE WAS ORIGINALLY GENERATED BY OFFICER NICOLE, LEAH ON JULY 22ND, 2019.
UH, SHE CITED THE PROPERTY SEVERAL TIMES TRYING TO USE A PROGRESSIVE ENFORCEMENT ACTION.
UH, THERE HAS BEEN NO COMPLIANCE AS TO DATE.
UH, THE LAST FOLLOW-UP INSPECTION WAS DONE BY MYSELF FROM JUNE 8TH, 2000, UH, 2021.
AND THE FOLLOWING NOTICES OF VIOLATION OF OUR FOUR OR 5 0 5 0.1, WHICH IS A PLUMBING VIOLATION FOR TEMPERATE WATER, 6 0 4 DASH THREE ELECTRICAL HAZARDS.
AND OF COURSE THERE IS A NOTICE OF VIOLATION THERE THEY'VE BEEN CITED FOR TEN FIVE TWENTY ONE, BUT TODAY WE'RE ONLY HERE FOR THE STRUCTURAL VIOLATION.
UH, I WILL BE PRESENTING PHOTOGRAPHS OF THE VIOLATIONS OBSERVED TO THIS DATE.
AND THE PHOTOGRAPHS WILL SHOW YOU THAT CONDITIONS STILL EXIST.
SO AT THIS TIME, UH, WOULD YOU PLEASE ZIP THE PHOTOGRAPHS? THIS IS A CONTEXTUAL PHOTOGRAPH LABELED TWO EIGHT OF THE FRONT OF THE PROPERTY.
YOU CAN MOVE ALONG TO THE NEXT PHOTOGRAPH, PLEASE.
THIS IS ANOTHER CONTEXTUAL PHOTOGRAPH OUT THE OTHER SIDE OF THE PROPERTY FACING NORTH LABELED TO BE OKAY.
THIS IS A PHOTOGRAPH, UH, COVERING ONE OF THE VIOLATIONS TO DATE.
THIS SHOWS THE DEVICE BOX, AND IT ALSO SHOWS THAT THE SIDING IS MISSING.
THERE'S NO COVER FOR THE DEVICE PRODUCTS.
THERE'S NO, UH, IT'S NOT, THERE'S NO STRAP.
UH, YOU CAN MOVE ON TO THE NEXT TO THE GRAPH.
THIS PHOTOGRAPH SHOWS THE GENERATOR THAT THEY HAVEN'T PLACED.
THERE'S NO UTILITIES UP THE, UH, PROPERTY FOR ELECTRICITY.
SO THEY'RE UTILIZING A GENERATOR.
UH, THEY HAVE CORDS GOING IN EACH AND EVERY DIRECTION.
YOU CAN SEE GAS CANS, UH, BELOW THE GENERATORS ACTUALLY SITTING UP ON TWO PALLETS.
SO THEY HAVE THESE CORDS JUST GOING IN EACH DIRECTION.
DO YOU MOVE TO THE NEXT PHOTOGRAPH? THIS IS ANOTHER PHOTOGRAPH WITH THE SAME GENERATOR.
IF YOU LOOK AROUND, YOU CAN COUNT AT LEAST SIX GAS CANS.
YOU SEE HOW THE CHORDS LEADS A GENERATOR HEADED IN AREAS, DIRECTION, SUPPLY POWER, THE DEVICE BOX TO THE RIGHT OF THE PHOTOGRAPH, UH, SHOWS IT IS NOT SECURED AT, AT ONE TIME.
THEY EVEN HAD ONE OF THE POWER CORD SPLICED INTO THIS DEVICE BOX.
THIS SHOWS PHOTOGRAPH EXHIBIT TWO, AF THIS IS A PHOTOGRAPH SHOWING THE COURT, UH, UNSECURED, AND IT'S NOT SECURED AT ALL.
IT'S GONE ACROSS, GOING INTO THE HOUSE IS, IS PASSING BY THIS CUPBOARD.
I HAVE NO IDEA WHAT STORED IN THIS COVERED, COVERED.
UH, THIS IS, UH, THIS IS ANOTHER UNSAFE PRACTICE.
THIS IS A CONTEXTUAL PHOTOGRAPH OF THE BACK OF THE PROPERTY.
AS YOU CAN SEE ALL THIS IS A STRUCTURAL ISSUE.
YOU CAN SEE THAT THERE'S A LOT OF OTHER ISSUES AT THIS PROPERTY AS TO, UH, WE HAVE TO ADDRESS HERE ON TOP OF THE CABINET UNDERNEATH, UNDERNEATH, UH, THE HOUSE THERE, THE BACK OF THE HOUSE, WHERE THE TWO TOLL STAR, YOU CAN SEE THAT THERE'S YELLOW STRIP WIRE THAT APPEARS TO ME TO BE ROLLBACKS WIRE.
AND SO THAT LEADS ME TO BELIEVE THAT THEY'RE EITHER STRIPPING WIRE OUT OF THE HOUSE, BECAUSE I SEE I'VE SEEN THIS ALL OVER THE BACK END OF THE PROPERTY.
AND, UH, THAT'S THE REASON FOR CONCERN, UH, NEXT PHOTOGRAPH, PLEASE.
THIS IS A PHOTOGRAPH OF, UH, A MAKESHIFT TOILET
[01:45:01]
BEHIND THE SHED IN THE BACK OF THE PROPERTY.THIS IS ONE OF THE ISSUES WITH THE PLUMBING BECAUSE OF THE, BECAUSE OF THE INDICATION HERE THAT THEY'RE USING THIS AS A LABORATORY, UH, IT LEADS ME TO BELIEVE THAT THE PLUMBING AND THE WATER MAY NOT BE WORKING AS INTENDED INSIDE OF THE HOUSE.
THERE IS A WATER NEEDED, IT'S WORKING, BUT BECAUSE OF THIS SITE, IT LEADS ME TO BELIEVE THAT THERE'S SOMETHING THAT'S NOT WORKING CORRECTLY INSIDE A HOUSE.
UH, SO WE CAN MOVE ON FROM EXHIBIT TWO H PLEASE.
AND THE NEXT ONE DOES PHOTOGRAPH LABELED TWO.
I SHOWS THE, THIS IS CONNECTED TO THE PLUMP WALKING AROUND THE BACK OF THE PROPERTY.
YOU'LL NOTE THAT THERE IS A LOT OF SLUDGE, UH, JUST SEWAGE, JUST WALK SEWAGE WATER.
UH, THIS HAS TAKEN AN EVIDENCE TO GET THEM TO REPAIR THE TONGUE.
YOU CAN MOVE TO THE NEXT PHOTOGRAPH, PLEASE.
UH, MY EVIDENCE THAT I'VE PUT IN FOR THE PROPERTY, 98 0 2 COLOR DRY, THANK YOU BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND ATTRACTIVE NUISANCE WITH SUBSTANDARD AND UNSAFE CONDITIONS.
STAFF ASKS THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO THROUGH TWO.
I STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED OF FACT AND CONCLUSIONS OF LAW AND ORDER THAT THE OWNER COMPLETE THE FOLLOWING ONE OBTAIN AND FINALIZE ALL NECESSARY PERMITS TO REPAIR ALL CITED VIOLATIONS TO THE RESIDENTIAL STRUCTURE.
WITHIN 30 DAYS FROM THE DATE, THE ORDER IS MAILED THREE REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE.
AND FOUR ON THE 31ST DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $250 PER WEEK.
THAT WILL CONTINUE, CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST, SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL VICE-CHAIR.
IT MADE, UH, EXHIBIT ONE, WHICH INCLUDES THE STAFF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TO A, UH, THROUGH, UH, UH, TO WHY WE HAVE PRESENT, UH, IS, UH, OWNER OR REPRESENTATIVE ON AGENDA ITEM NUMBER TWO, UH, TWO INDIVIDUALS, UH, WE HAVE A KAREN DYKE WARD, UH, AND THEN WE ALSO HAVE, UH, STEPHEN DYKE.
SO, OR BOTH OF YOU PRESENT? YES, I'M PRESENT.
AND YOU HAVE BEEN SWORN IN, CORRECT? NO.
WELL THEN, UH, HOW ABOUT, UH, WEST, UH, STEVEN DIED? HAVE YOU BEEN SWORN IN ASSUMING DEPRESSION? DO YOU KNOW KAREN? I DON'T BELIEVE HE'S PRESENT.
WELL THEN LET ME GO AHEAD AND SWEAR YOU IN YOU RAISE YOUR RIGHT HAND, PLEASE RAISE YOUR RIGHT HAND.
DO YOU SWEAR AND AFFIRM THAT THE TESTIMONY YOU WILL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? YES.
YOU CAN GO AHEAD NOW SPEAK ON BEHALF OF THE PROPERTY.
UM, THANK YOU FOR AGREEING TO LET ME SPEAK.
I REALLY I'VE JUST BEEN NOTIFIED OF THE FINDINGS OF WHAT'S BEEN GOING ON 98 0 2 CODDLE RECENTLY BY LETTER, UH, FROM OFFICER RAINEY DATED JUNE 14TH.
AND, UM, I SPOKE TO HIM TUESDAY AND HE MADE ME AWARE OF THE LIST OF VIOLATIONS WERE OUTSTANDING.
SO IT'S JUST GOING TO MY ATTENTION THAT THIS PROPERTY HAS HAD, UM, MANY VIOLATIONS AND HAD THEY HAVE NOT BEEN ADDRESSED AND NEED TO BE ADDRESSED.
UM, AND SO I'M JUST NEW TO THIS PROCESS AND HERE TO LISTEN
[01:50:01]
IN AND TO SEE WHAT I CAN DO TO GET THE PROPERTY FIXED.I MEAN, AND HOW ARE YOU RELATED TO THE PROPERTY? UH, INGEBORG DYKE WAS MY MOTHER.
UH, SHE PASSED AWAY AND, UH, THE STATE, HER, THE, THE CA THE PROPERTY HAS NOT BEEN TRANSFERRED TO MY BROTHER'S NAME IS STILL, I HAVEN'T HAD THE MONEY TO TRANSFER IT TO HIS NAME, BUT, UH, UH, UNRELATED TO WERE DYING BECAUSE I WAS HER DAUGHTER.
AND IS YOUR BROTHER LIVING IN THE PROPERTY? IS IT BEEN BEING RENTED OUT OR WHAT WHAT'S HE LIVES THERE? I HAVE, I HAVE NOT SPOKEN TO HIM TWO IN TWO YEARS.
UH, JUST RECENTLY, I'M TRYING TO BEEN GETTING IN TOUCH WITH HIM BEING AWARE OF THESE WHAT'S GOING ON AT THE PROPERTY.
UH, THANKS TO OFFICER, UM, INSPECTOR RAINEY.
AND, UH, SO I'M TRYING TO GET IN TOUCH WITH HIM AND WORK WITH HIM TO MAKE THE REPAIRS, COMMISSIONERS ANY QUESTIONS.
DOES ANYBODY HAVE ANY QUESTION DURING THE CASE? I JUST DON'T KNOW.
UH, I'VE NEVER BEEN INVOLVED IN THIS PROCESS AND I DON'T HAVE A LAWYER.
AND, UM, I'M HOPING THAT IS, IS IT REASONABLE TO MAKE YOU SEPARATE REPAIRS IN 30 DAYS? I MEAN, INSPECTOR COULD TELL ME WHAT CAN BE DONE.
ARE YOU ASKING THE QUESTION OR THE INSPECTOR? YES.
I MEAN, IS IT REASONABLE? CAN THIS BE DONE IN 30 DAYS? I DON'T KNOW.
I DON'T REALLY KNOW ANYTHING ABOUT HOME REPAIR.
SO WHAT I CAN SAY IS WE STARTED UP AGGRESSIVE ENFORCEMENT ACTION, AND THIS HAS BEEN GOING ON SINCE 2019.
SO, UH, THE PROPERTY OCCUPANTS HAVE BEEN AWARE OF THIS SINCE 2019 AND ACTUALLY, UH, MS. WARD, I BELIEVE HER NAME IS I'M SORRY.
SHE WAS NOTIFIED, SHE WAS NOTIFIED BY THE PREVIOUS INSPECTOR BECAUSE THEY DID HAVE DIALOGUE AND THERE WASN'T CONTACT MADE IN THAT YEAR, 2019.
SO MAYBE SHE'S NOT AWARE OF THE, THE, THE LATEST NOTICE OF VIOLATION, BUT I'M SURE SHE WAS AWARE OF SOMETHING GOING ON IN PROPERTY BECAUSE, UH, INSPECTOR LEAH MADE, MADE NOTE OF THAT IN THE CASE LAW CASE HISTORY, UH, NOW WHETHER OR NOT THIS CAN BE DONE WITHIN 30 DAYS, I'M SURE IF YOU HAVE ENOUGH MANPOWER TRADES PEOPLE THERE.
IT COULD BE DONE, UH, WITH THE PERMITS.
YOU HAVE TO GET YOUR PERMITS TO MAKE SURE THAT ALL THAT'S, YOU KNOW, DONE AND YOU CAN BEGIN THE PROCESS.
THESE ARE ONLY THE BEGINNING VIOLATIONS THAT WE NOTED ON THE PROPERTY JUST TO GET IT TO THIS POINT SO WE CAN GIVE SOME KIND OF RESOLUTION.
SO WE WERE TRYING TO PUSH IT TO GET A QUICK RESOLUTION BECAUSE OF THIS PROPERTY.
WE'VE BEEN GOING THROUGH THIS FOR QUITE A WHILE.
I HOPE THAT ANSWERS YOUR QUESTION.
I WAS NOT AWARE OF THE CURRENT VIOLATIONS, BUT THE ONE YOU CITED IN 2019, I WAS NOT OFFICIALLY NOTIFIED IN WRITING, BUT I WAS SOMEBODY MEANT THE OFFICER CALLED AND TOLD ME OF THE TRASH VIOLATION.
AND I PAID FOR A DUMPSTER TO GO OUT THERE.
AND IT DUMPSTER WAS THE TRASH WAS PICKED UP REGARDING THE, UH, REPAIRS.
IT WOULD ALL BE DONE MANUALLY BY MYSELF AND MY BROTHER WOULD, THERE WOULD BE NOBODY TO, WE DON'T HAVE THE MONEY TO CONTACT.
SO WE WOULD START MANUALLY MAKING THE REPAIRS AND APPLY FOR WHATEVER PERMITS ARE NEEDED TO, TO APPLY FOR ANY OTHER QUESTIONS.
NO, THERE ARE NO OTHER QUESTIONS OR EMOTIONAL CLOSE OR PUBLIC HEARING.
IS THAT COMMISSIONER, IS THAT COMMISSIONER GREEN? NO.
COMMISSIONER FIRST I'VE MADE A MOTION TO CLOSE THE PUBLIC HEARING.
[01:55:02]
OKAY.SO ALL THOSE IN FAVOR OF CLOSING THE PUBLIC HEARING, RAISE YOUR HAND OR SAY AYE.
THAT'S A MAJORITY MOTION PASSES.
UM, ANY MORE DISCUSSION? YEAH.
THERE'S NOT A MORTGAGE QUESTION TO SHARE.
INTERCHANGE WOULD LIKE TO ENTERTAIN A MOTION, MR. CHAIR.
AT THIS TIME, I MOVE ADOPT STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS AND RECOMMENDED OR SECOND BY COMMISSIONER.
IS THAT PART OF YOUR MOTION? THAT IS CORRECT.
IS THAT PART OF YOUR SECOND? OKAY.
WELL THEN BE IN A CAGE IF THERE'S NO MORE DISCUSSION, I CALL THE QUESTION.
I THOUGHT YOU WERE GOING TO DO A VOICE.
UH, COMMISSIONER, UH, COMMISSIONER GAMMA DATE, YOUR VOTE.
COMMISSIONER THOMPSON, THOMPSON, COMMISSIONER JOHNSON.
UH, W W W WE WEREN'T HEARING YOU, I APOLOGIZE.
WE WEREN'T HEAR YOU, BUT WE WILL NOTE YOU DOWN AS A YES.
YOU RAISED YOUR HAND IF THAT'S A YES.
OH, AND I'M ALSO IN FAVOR OF THE MOTION COMMISSIONER, UH, UH, BY SHERIFF,
THE MOTION CARRIES AND THE ORDERS WILL ALSO BE ISSUED.
UH, WE MOVE ON TO THE NEXT AGENDA ITEM, OR WE GO ON TO AGENDA ITEM NUMBER TWO.
ME, ARE WE SKIPPING? I BELIEVE MR. I BELIEVE THE REPRESENTATIVE JUST GOT ON THE LINE FOR BROAD VIEW.
SO IF WE COULD MOVE ON TO THAT AGENDA ITEM, UM, ITEM NUMBER THREE, IS THAT, CAN WE MOVE ON TO BROADVIEW? I HAVE TO GO BY THERE THIS WEEKEND, OR THEN WE MOVE ON TO AGENDA ITEM
[3. Case Number CL 2021-068640 Property address: 1046 Broadview Street Owner: Wesley Sequin and Leo Sequin Staff presenter: Moses Rodriguez Staff recommendation: Repair residential structure]
NUMBER THREE.ON THE AGENDA IS CASE NUMBER CL 20 21 0 6 8 6 4 0 ANDERS REGARDING THE PROPERTY LOCATED AT 10 46 BROADVIEW STREET STAFF EXHIBITS CAN BE FOUND IN THE CHORAL BOOK IN THE GOOGLE DRIVE FOLDER.
THIS CASE IS ABOUT AN OCCUPIED AND SINGLE FAMILY RESIDENTIAL STRUCTURE.
THE CASE IS APPROXIMATELY FIVE YEARS OLD WITH NO PERMITS OBTAINED AND OR REPAIRS MADE TO DATE.
THE PROPERTY HAS PREVIOUSLY BEEN THROUGH THE ADMINISTRATIVE HEARING PROGRAM.
THE STRUCTURE IS UNSAFE WITH SUBSTANDARD CONDITIONS THAT REQUIRES REPAIR IN THE GOOGLE DRIVE FOLDER.
YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINING CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, THE REQUIRED NOTICES OF VIOLATION NOTICES OF HEARING AND POSTINGS AND EXHIBIT TWO, WHICH CONSISTS OF CODE'S PHOTOGRAPHS MARKED AS TWO EIGHT THROUGH TWO I AND LASTLY CODES RECOMMENDED ORDER AUSTIN CODE SUPERVISOR.
[02:00:01]
TONIGHT TO PRESENT THE PHOTOS IN THIS CASE MARKED AS EXHIBITS TWO EIGHT THROUGH TWO.I, AND WE'LL DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED IN THE PHOTOGRAPHS.
SUPERVISOR RODRIGUEZ, PLEASE BEGIN YOUR TESTIMONY COMMISSIONERS.
UM, MOST OF THE RODRIGUEZ I'VE BEEN WITH THE CITY OF AUSTIN FOR 16 YEARS, AND I'M HERE TO PRESENT, UH, THIS CASE FOR JOHN RODRIGUEZ.
HE'S NOT AVAILABLE AT THIS TIME.
WE HAD THIS CASE SINCE 2016, AS MELANIE HAS ALREADY MENTIONED, OFFICER BRIAN
HE OBSERVED TIRE SCRAP, METAL BUCKETS, TRASH AND ACCUMULATION.
THEY HAD SEVERAL VIOLATIONS ON THAT PROPERTY.
THERE WERE, UH, SEVERAL INSPECTIONS IN 2016.
WE HAD A H CITATIONS ISSUED ADMINISTRATIVE HEARING CITATIONS THAT I WILL EXPLAIN A LITTLE BIT OF HOW MUCH THE FEES WERE FOR THOSE VIOLATIONS.
UM, WE HAD OFFICER BRYAN VISIT THE PROPERTY J JANUARY 20TH, 2017.
UH, HE OBSERVED A VIOLATION STILL EXISTED ON THE PROPERTY.
APPARENTLY, ACCORDING TO OFFICER AMPUTEE RAINY, UH, THERE WAS A FIRE IN SOME TIME, SOME TIME AGO, I BELIEVE.
UH, IT WAS PROBABLY IN 2019 WHEN WE HAD, UH, WE BOARDED SECURITY.
WE SPENT 2,738, PROBABLY FOR THAT, FOR THAT, UH, BOARD AND SECURE AND THEN 584 FOR THE BOARD.
UM, WE CITED, UH, THE UNCENSORED CONDITIONS WERE OBSERVED AGAIN IN 2018.
UH, WE D C THERE'S ALWAYS BEEN TRAFFIC OF INDIVIDUALS, JUST DIFFERENT TYPE OF INDIVIDUALS COMING TO THIS PROPERTY.
UH, I AM, I GOT TO THIS, TO THIS AREA AND IN JUNE OF 2020, SO I WENT AHEAD AND CITED THIS PROPERTY, I THINK IN, IT WAS, UM, NOVEMBER 30TH, SEPTEMBER 13TH, 2020.
WE POSTED THE PROPERTY ON SEPTEMBER 16TH, 2020.
AND FINALLY, WITH THE ASSISTANCE OF ANASTASIO CREWS, OFFICER JOHN RODRIGUEZ WAS ABLE TO GO INSIDE AND VERIFY, UM, MORE VIOLATIONS THAT EXIST THROUGH THE INSIDE OF THE STRUCTURE THAT WE CAN LATER BRING TO THE COMMISSION ON A LATER DATE, UH, THEN NOTICE HAS BEEN SENT AND WILL BE POSTED.
UM, BEFORE I DESCRIBE INTO THE VIOLATIONS, I WANTED TO SAY THAT WE DID HAVE A 2016 A CITATION FOR $600.
WE HAD ANOTHER ONE, 2016 FOR $800.
WE HAD THE BOARD AND SECURE FOR 2,738.
WE HAD ANOTHER BOARD AND SECURE FOR 584.
AND IN 2019, THEY GOT PENALIZED THROUGH THE H A S PROGRAM, A CITATION, THE MAXIMUM PENALTY AT 1028 FOR THE TRASH AND DEBRIS AROUND THIS PROPERTY.
THAT IS NOT WHAT'S BEING PRESENTED TODAY.
UM, WE WILL TALK WITH THE PHOTOS AS, AS THE, AS THEY SHOW IT TO US.
I DID WANT TO MENTION THERE'S 471 CALLS, UH, POLICE CALLS AND TRANSACTIONS HAPPEN AT THIS PROPERTY.
IT'S SEVERAL PAGES OF AS EQUALS TO ABOUT PAGE 13.
THAT'S HOW MUCH INCIDENTS WE'VE HAD IN CALLS ON THIS PROPERTY.
UH, CAN GO TO THE NEXT PHOTO, PLEASE.
THIS IS, UH, CONCEPTUAL, UH, THE FRONT PHOTO OF THE PROPERTY, UH, NEXT PHOTO.
SO THIS PROPERTY IS ACTUALLY, MAYBE YOU COULD SEE IT ON YOUR BOOKS.
IT'S OFF OF, UH, NOT TOO FAR FROM BERKMAN.
IT SITS OFF OF HAT FARMAN AND BROUGHT YOU SO THIS THERE'S HIGH TRAFFIC, UH, PEOPLE TEND TO SHORTCUT TO GET TO RE RE UH, CLAYTON STREET, UH, AND RAINEY STREET.
SO THIS IS A LITTLE SHORTCUT YOU CAN SEE HERE IN TWO B CAN SEE THE X YEAR NOT BEING MAINTAINED.
YOU SEE THAT ELECTRICAL BOX AND YOU'LL SEE SOME, UH, OTHER PHOTOS THIS TIME.
IT'S NOT SECURED, BUT YOU'LL SEE SOME OTHER PHOTOS OF WHAT IS SECURED.
SO THEY KEEP ON TAKING OUT THAT COVER.
AND THERE'S ALL THE WIRING THERE.
TWO TWENTY, A HUNDRED AND TEN VOLTS.
I MEAN, IT'S JUST, IT'S JUST A HAZARD.
HERE'S A FRONT OF THE PROPERTY, CLOSE UP.
WE CAN SEE THE WINDOWS THAT HAVE BEEN INSTALLED WITHOUT A BUILDING PERMIT.
HERE'S THE SIDE OF THE PROPERTY.
YOU COULD BARELY SEE IT, BUT THERE'S LIKE A STREAM.
THAT'S WHAT, ONE OF THE VIOLATIONS THAT WAS CITED, UH, IN, ON, IN SEPTEMBER THAT I CITED WAS FOR THE PLUMBING, UH, THE TOILET, NOT HAVING PROPERTY OR HER BEING MAINTAINED.
AGAIN, YOU COULD SEE A LITTLE BIT ABOUT THE ROOF THERE.
UH, THE ROOF NOT BEING MAINTAINED, NOT BEING SOUND.
[02:05:01]
UM, THE WINDOWS HAPPENED REPAIR, BUT HAVE BEEN DONE WITHOUT A PERMIT, MIXED PHOTO.HERE'S A CLOSEUP OF THE ROOF REPAIR.
UM, YOU COULD JUST IMAGINE IT'S BEEN JUST REPAIR TO REPAIR WHEN IT NEEDS TO BE REPLACED, UH, 25 YEARS.
IT'S USUALLY WHAT EXPANDS ON A LIFETIME OF ROOF, BUT THEY'RE JUST BEING PATCHING IT UP.
SO ANY TO BE REPLACED AGAIN, HERE'S A CLOSE-UP PHOTO OF THE WINDOWS STEP IN WITHOUT THE TRIM, WITHOUT THERE'S SOME INSTALLATION, BUT THEY HAVEN'T BEEN INSPECTED AND THEY DON'T HAVE TO FINISH AROUND AT THE TRIM TO CLA TO COVER IT UP.
SO ALL THIS IS WEATHER STATION.
THAT'S BEING EXPOSED, MIX PHOTO HERE'S AGAIN, THE SOFFIT, WE KNOW IT'S, IT'S GOING TO REQUIRE A PERMIT BECAUSE YOU KNOW, THE DECKING HAS BEEN DAMAGED BECAUSE OF ALL THE REPAIRS THEY'VE DONE.
THEY JUST PATCHED UP THIS ROOF AND NEEDS TO BE REDONE.
AND IT'S GOING TO START WITH THE SOFFIT.
THAT'S GOING TO REQUIRE A PERMIT FOR THIS ROOM TO BE DONE MIXED PHOTO.
HERE'S A CLOSEUP OF THE SOFFIT.
SEE SOME PHOTOS OF FACIA THERE HERE'S A, THE TREE HAS GROWN SO MUCH.
WE WANTED TO PUT THAT, THAT PHOTO.
AND BEFORE I CONCLUDE, I JUST WANT TO MENTION, WE HAVE CITED THOUGH, THE WINDOWS, UM, THAT WERE VISIBLE, THEY NEED A GLAZING.
THEY HAVE RE INSTALLED NEW WINDOWS, BUT THEY STILL GOTTA BE PROPERLY INSTALLED.
AND THEY HAVE TO BE, UM, THEY HAVE TO BE PERMITTED AND THEY HAVEN'T OBTAINED.
AND AS I MENTIONED IN SECTION 5 0 4 0.1, THE PLUMBING FIXTURE SHALL BE MAINTAINED, SAFE AND SANITARY FUNCTION.
UM, THEY HAVEN'T REPAIRED THAT YET.
UM, AND THESE ARE ALL VIOLATIONS THAT HAVE BEEN CITED SINCE SEPTEMBER 13TH, 2020, AS I MENTIONED, OFFICER JOHN RODRIGUEZ, WHO IN HERE TONIGHT, HE HAS ENTERED THE PROPERTY AND HE'S, HE HAS, UH, OBSERVED MORE VIOLATIONS THAT IN A LATER DATE WILL BE BROUGHT AGAIN TO POSSIBLY TO THIS COMMISSION TO BE HEARD, I'M READY FOR ANY QUESTIONS, UM, THAT YOU'LL HAVE FOR ME BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS.
AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND ATTRACTIVE NUISANCE AND IS CONSIDERED UNSAFE WITH SUBSTANDARD CONDITIONS.
STAFF ASKED THE COMMISSION ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO EIGHT THROUGH TWO.
I STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THAT THE OWNER COMPLETE THE FOLLOWING ONE OBTAIN AND FINALIZE ALL NECESSARY PERMITS TO REPAIR ALL CITED VIOLATIONS TO THE RESIDENTIAL STRUCTURE.
WITHIN 30 DAYS FROM THE DATE, THE ORDER IS MAILED REQUEST THREE REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE AND FOUR ON THE 31ST DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $250 PER WEEK, THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE.
INTERCELL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL THE SHAREWELL.
IT MADE IT SEEM IT WAS PUSHING CLUSTERS.
PROPOSED VENDORS ARE FIGHTING MOTIONS OF LAW AND OTHER RELEVANT DOCUMENTS, AND WILL ALSO ADMIT PHOTOGRAPHS MARK AS EXHIBIT TWO A, UH, SO HELLO, NEXT NEXT IS, UH, THE REPRESENTATIVE FOR, UH, UH, NO PROPERTY LISTED ON AGENDA ITEM.
I BELIEVE WE HAVE A WESTERN MICHIGAN, UH CO-OWNER UH, OR THE PROPERTY.
UM, MR. SEGUIN, ARE YOU PRESSURING? UH, IMMEDIATE? YES.
HAVE YOU BEEN SHOWING ME WHERE YOU AT THE SHORTENING AT THE START OF THE MEETING? NO, IT WASN'T, BUT I HAD TROUBLE LOGGING ON AND UNDERSTAND HOW THIS WENT.
I COULDN'T FIND THE EMAIL THAT WAS SENT.
SO YOUR TESTIMONY HAS TO BE ON THE ROAD.
I'M GOING TO GO AHEAD AND SWEAR YOU IN YOU PLEASE RAISE YOUR RIGHT HAND.
DO YOU SWEAR AND AFFIRM THAT THE TESTIMONY YOU WILL PROVIDE THIS EVENING IS A CRUISE, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH SIGNIFY BY SAYING I DO.
YOU'RE ABLE TO RECOGNIZE THAT AND YOU CAN MAKE YOUR PRESENTATION.
[02:10:02]
OKAY.UH, JUST WANNA LET Y'ALL KNOW THAT WE'RE WORKING ON THIS THING FOR A WHILE.
UH, MR. UH, MR. RODRIGUEZ HAD SHOWN UP AT THE HOUSE ALONG WITH, UH, OFFICER CRUZ BACK IN, UM, UM, JANUARY, FEBRUARY AND MARCH, AND HAD SEEN THAT WE HAD ACTUALLY MADE IMPROVEMENTS ON ALL THE THINGS THAT Y'ALL HAD TALKED ABOUT JUST RIGHT NOW.
UM, AS FAR AS PERMITS AND THINGS LIKE THAT, WE WERE KIND OF ON OUR OWN.
UH, WE, WE CALLED SEVERAL TIMES AND NEVER GOT A RESPONSE BACK.
YOU KNOW, LIKE I SAID, WE'RE JUST KIND OF LIKE, YOU KNOW, IN THE DARK HERE, UH, W WE DEFINITELY CLEANED UP THE MESS.
THERE WAS ALSO A NUISANCE ABATEMENT PUT ON BY THE APD.
AND SINCE THEN WE HAVE BEEN, UH, UH, RELINQUISH OF THAT, AS LONG AS WE DON'T HAVE ANYTHING HAPPEN BETWEEN NOW AND, UH, OCTOBER, UH, OFFICER CRUZ SAID THAT, YOU KNOW, THE GRAFFITI TRACKS, UH, I'VE PUT UP SEVERAL PRIVACY FENCES, UH, TO, TO CUT DOWN ANY KIND OF LIKE, UH, AN UNWANTED TRAFFIC PEOPLE TRYING TO CUT THROUGH OR GET TO THE APARTMENT COMPLEX DOWN INTO THE STREET.
UM, JUST LIKE I SAID, WE'RE, YOU KNOW, WE'RE DOING WHAT WE CAN, LIKE, I'M NOT A RICH MAN.
I DON'T HAVE, YOU KNOW, QUITE THE MONEY TO DO SOME OF THE THINGS THAT WE'VE BEEN TO.
I'VE BEEN DOING A LOT OF ABOUT DONATIONS AND, UM, AND THINGS LIKE THAT.
SO, LIKE I SAID, YOU KNOW, JUST, I I'M DOING, I'M DOING WHAT I CAN.
I KNOW IT'S BEEN A, IT'S AN ISSUE FOR AWHILE.
AND ACTUALLY, I APOLOGIZE FOR THAT.
UH, WE JUST TRYING TO MAKE A RIDE.
I DON'T WANT TO, THEY SAID, I WANT TO LEAVE MY HOUSE.
I'M GONNA JUST, YOU KNOW, MAKE IT BETTER.
I KNOW MY NEIGHBORS HAVE, UH, HAVE APPRECIATED THE EFFORT AND, UH, WE'VE ALREADY STARTED TO PAINT THE HOUSE AND THINGS LIKE THAT.
AND LIKE I SAID, THE ELECTRICAL STUFF IS, YOU KNOW, I NEED TO FIND A ELECTRICIAN IT'S KINDA HARD RIGHT NOW.
CAUSE EVERYONE'S SELLING THEIR HOUSE.
WE NEED TO DO THE WHOLE THING AGAIN, WHETHER IT BE PUTTING A TANK COVER ON IT OR SOMETHING, SOMETHING LIKE THAT.
BUT LIKE I SAID, I NEED, YOU KNOW, I CAN ONLY LOOK AT A WEBSITE AND JUST TRANSLATE FOR MYSELF.
LIKE I SAID, I'M JUST ONE PERSON.
I'M JUST A MAN AND I'M NOT, YOU KNOW, I'M NOT TRYING TO GAIN OVER ON THE ART.
THEY'RE NOT THAT I WANT MY HOUSE TO LOOK BETTER.
UH, I WANT TO JUST, YOU KNOW, BE BETTER THAN WHAT IT WAS.
YOU KNOW, WE ALL GO THROUGH SOME THINGS WHERE I'VE BEEN THERE FOR 21 YEARS, MOST OF THEM GOOD.
AND UM, YOU ASKED ONE OF MY NEIGHBORS, EVEN THE ONES THAT COMPLAINED, UH, THEY WOULD VOUCH UPON MY CHARACTER AS, AS, AS BEING THAT OF GOOD CHARACTER.
UH, YOU CAN CONTACT MY NEIGHBOR, FATHER, TIM KNOWLES.
AND, AND HE WILL, UH, HE LOOKS DARK DIOCESE, WHICH IS RIGHT BEHIND US.
AND, UH, HE, UH, HE CAN ALSO VOUCH FOR, FOR THE EFFORT THAT WE'VE MADE OVER THERE AS WELL.
HE GOES RIGHT NEXT DOOR TO HIM.
SO IF THERE'S ANYONE THAT WOULD NEED SOME FEEDBACK FROM, OR, OR TO VOUCH UPON THE EFFORTS THAT ARE BEING MADE OVER THERE, THAT HE WOULD DEFINITELY BE ONE TO, TO GET AN HONEST, STRAIGHT ANSWER FROM.
BUT LIKE I SAID, EVER SINCE THAT MARCH, WE HAVEN'T SEEN SITE OR HAIR OR ANYTHING OF, OF, OF CODE ANYTHING.
I, AND I DON'T KNOW IF IT'S WE GO TO THEM, WE GO TO Y'ALL AND Y'ALL TELL US WHAT TO DO, OR WE WAITING FOR THIS PROCESS TO, TO COME TO FRUITION, WHICH IS RIGHT NOW.
AND THEN WE HAVE A LIST OF THINGS TO DO.
THE ONLY THING I ASK IS, I DON'T THINK I CAN DO EVERYTHING IN A MONTH.
I DON'T THINK I CAN MEET THESE, THESE THINGS WITHIN A MONTH.
IT'S JUST NOT GOING TO HAPPEN.
AND I CAN'T AFFORD $250 A WEEK WITHOUT HAVING ANYBODY LIVE THERE BECAUSE I'VE, I'M, I'M IN THE PROCESS THIS END OF THIS MONTH EVICTING EVERYONE OUT OF THE HOUSE, EXCEPT FOR THE GUY HELPING ME DO THE RENOVATIONS ON US.
SO WITH THAT SAID, THEN Y'ALL, I'LL SEE WHAT YOU WILL.
BUT LIKE I SAID, IT'S GONNA BE A LOT MORE, IT'S SWEET, A LITTLE MORE DIFFICULT TO MEET THAT, THAT, THAT 30 DAY THING, I JUST WENT BACK CAN DO IT WITHIN 30 DAYS TO PUT A NEW ROOF ELECTRICITY.
UH, THE, THE WINDOWS THAT WE PUT IN, WE LOOKED AT THE CODE AND WE, WE TRY TO FOLLOW THE IDEA OF IT.
BUT IF WE, IF WE SEAL THEM UP AND PUT IN THE TRIM, DOG'S GOING TO COME, WANT US TO REMOVE IT, TO SEE IF WE MAY CODE.
SO I, AND I KNOW YOU PULL A PERMIT TO PUT A WINDOW.
AND I THOUGHT THAT THERE WAS SOME STRUCTURALLY, WHICH I DIDN'T REALIZE THE WINDOWS, THE STRUCTURE.
I THOUGHT I HAVE A BROKEN GLASS, BROKEN GLASS.
WE'LL SEE WHAT WE PUT IN THE NEW, THE NEW WINDOWS THAT ALLOWED THAT WITH THE GLASSES BROKEN, YOU CAN REMOVE AND REPLACE IT WITHOUT HAVING TO TAKE THE WHOLE WINDOW OUT.
THAT'S KIND OF A GRADE HUMANITIES.
SO I'M GETTING TO A FIVE BY I'M.
SO, UH, COME UP, UH, MR.
SO, UH, I WOULD DRIVE TO CALL ON, UH, CITY OF AUSTIN, UH, DETECTIVE, UH, AND ASSESS YOUR CREWS.
ARE YOU PRESENT HERE AT THE MEETING? UH, DETECTIVE CRUZ, DETECTIVE CRUZ.
ARE YOU PRESENT AT OUR MEETING? YES, SIR.
[02:15:01]
YOU HEAR ME? CAN YOU HAVE BEEN BEFORE, RIGHT? YES, SIR.SO CAN YOU SHED SOME LIGHT ON, UH, ON, ON, ON THIS PROPERTY? UH, THE PROPERTY CAME TO MY ATTENTION BACK IN, I BELIEVE IT WAS FEBRUARY OF THIS YEAR.
UM, AND I, UH, CHECKED THE CRITERIA FOR NUISANCE ABATEMENT AND IT DID MEET THE CRITERIA FOR THAT.
UM, SO SINCE THEN I'VE BEEN DEALING WITH MR. SEGUIN.
UM, AND YOU KNOW, ONE OF THE THINGS THAT I LOOKED AT WAS THE TYPES OF CALLS THAT WERE OCCURRING AT THAT LOCATION.
CAUSE I LOOK AT THE NUMBER OF POLICE CALLS, THE NUMBER OF OFFENSES THAT ARE CONSIDERED DEBATABLE OFFENSES.
AND SO I'VE LOOKED AT THAT AND I, MY DISCUSSIONS WITH MR. SEGUIN WERE RECOMMENDATIONS TO TRY TO, UM, TO TRY TO CORRECT THE ISSUES THAT WERE OCCURRING THERE THAT WERE CALLING THE POLICE TO RESPOND THERE.
UM, LIKE PREVIOUSLY MENTIONED, IT WAS A LOT OF TRAFFIC COMING AND GOING FROM THAT RESIDENCE, UH, THAT WAS RESULTING IN CERTAIN TYPES OF OFFENSES REPORTS BEING WRITTEN, WHICH INCLUDED, UM, YOU KNOW, STOLEN VEHICLES BEING RECOVERED AT THE RESIDENCE, UH, SOME DISTURBANCES, A LOT OF, UH, ILLICIT DRUG ACTIVITY.
SO ONE OF THE THINGS THAT I DISCUSSED WITH MR SEGUIN WAS TO TRY TO LIMIT, YOU KNOW, TO, TO BRING THAT TO AN END, TO HALT THAT, UM, I DON'T BELIEVE ANY OF MY DISCUSSIONS HAD ANYTHING TO DO WITH HIS, UH, WITH HIS REPAIRS, JUST BECAUSE THAT'S A CODE ENFORCEMENT ISSUE AND THAT'S, WHAT'S GOING TO TAKE CARE OF THAT.
UM, MY CONCERNS WERE MORE OF THE, UH, OF STOPPING THE CRIMINAL ELEMENT THAT WAS OCCURRING AT THAT LOCATION.
SO WHO IS, WHO WAS LIVING IN THAT HOUSE? IS IT A RENTERS OR, UH, YOU KNOW, MR. SEGUIN SAID THAT THERE WERE SEVERAL PEOPLE STAYING THERE.
UH, HE SAID MOST OF THEM WERE EITHER FRIENDS OR PEOPLE.
UH, HE SAID HE WAS TRYING TO HELP PEOPLE THAT WERE HOMELESS AND HE WAS ALLOWING PEOPLE TO STAY THERE.
UM, BUT YOU KNOW, THERE WAS, I BELIEVE BECAUSE OF WHAT WAS OCCURRING AT THE RESIDENCE, THAT WAS WHAT WAS ATTRACTING, UM, A LOT OF THE, UH, INDIVIDUALS TO THAT HOME.
UM, AND I DON'T KNOW IF MR. SEGUIN WAS PRESENT ALL THE TIME.
I DON'T KNOW THAT HE WAS RENTING ROOMS, BUT I DO KNOW THAT, UM, HE, HE TOLD ME THAT HE WAS ALLOWING SOME PEOPLE THAT HE CONSIDERED HOMELESS OR PEOPLE THAT HE KNEW TO STAY AT THE RESIDENCE.
UH, HE'S TOLD ME NOW THAT HE'S LIVING THERE AND HE STAYS THERE.
UM, SO, YOU KNOW, OBVIOUSLY I CAN'T CONFIRM THAT, UH, BUT I CAN TELL YOU THAT THAT'S WHAT HE'S TOLD ME, THAT HE, HE LIVES HERE AND THAT HE WAS GONNA TAKE CARE OF THE, OF THE HOUSE MORE THAN WHAT HE HAD PREVIOUSLY BEEN DOING.
THANK YOU FOR YOUR, ANY QUESTIONS, COMMISSIONERS, NEW QUESTIONS, UH, STAFF OF, UH, THE OWNER, DETECTIVE CRUZ, UH, COMMISSIONER GREEN, COMMISSIONER GREEN, RECOGNIZE YOU FIRST.
UH, UH, I'M CURIOUS, UM, HAVE YOU SEEN SIMILAR, UH, SITUATIONS LIKE THIS PARTICULAR, UH, LOCATION IN YOUR CAREER? UH, YES, SIR.
UH, I HAVE, UH, SEEN RESIDENCES USUALLY WHEN THERE IS ILLICIT DRUGS OCCURRING AT A LOCATION.
UM, A LOT OF TIMES IT ATTRACTS, UH, INDIVIDUALS WHO KNOW WHAT'S GOING ON AT THAT RESIDENCE AND THEY GO SOLELY FOR THAT PURPOSE.
UM, AND WITH THAT, UNFORTUNATELY THERE'S OTHER PROBLEMS ASSOCIATED WITH THAT INVOLVE THE POLICE, WHETHER IT'S DISTURBANCES OR WHETHER IT'S THAT, YOU KNOW, UM, DRUGS BEING RECOVERED.
UM, SO, SO YEAH, I HAVE SEEN OTHER RESIDENCES THAT, YOU KNOW, THAT ARE SIMILAR TO THIS ONE.
SO HOW LONG YOU'VE BEEN POLICE OFFICER? I'VE BEEN A POLICE OFFICER FOR ALMOST 30 YEARS NOW,
[02:20:01]
30 YEARS TO TEACH TELLS US THAT YOU SHOULD BE VERY CAREFUL ABOUT PROPERTIES LIKE THIS, WHERE WE HAVE A SLIPPERY SLOPE AND A CRIMINAL ACTIVITY, EVEN IF IT'S A SMALL, HE SHOULD BE, UH, THE ORDINANCE.IS THAT, WOULD THAT BE A RECOMMENDATION OF HERE? UM, IF I UNDERSTOOD YOU CORRECTLY REPORTING, UM, CRIMINAL ACTIVITY, UH, YEAH, MOST DEFINITELY.
I WOULD AGREE WITH YOU THAT THAT'S, YOU KNOW, THAT'S ONE WAY OF TRYING TO DETER OR TRYING TO STOP, UM, YOU KNOW, SOME OF THE PROBLEMS THAT ARE HAPPENING SPELL YOUR, UH, UH, YOUR SHEPHERD.
UH, I'D LIKE TO RECOGNIZE YOU.
I HAVE A QUESTION FOR THE OWNER, MR. SEGUIN, YOU MENTIONED THE 30 DAYS IS DONE ENOUGH TIME TO DO ALL THE REPAIRS, INCLUDING REPLACING THE ROOF, BUT YOU DIDN'T TELL US HOW MUCH TIME YOU THOUGHT YOU NEEDED AND WHAT SHE COULD GET.
I'M LOOKING AT ABOUT FOUR MONTHS.
IF IT WAS ME, IT WAS ME AND, UH, ME AND JACK WORKING ON IT.
WE'D PROBABLY GET DONE ABOUT FOUR MONTHS.
AND THAT WOULD BE BECAUSE RIGHT NOW, THE ONLY CALL I'M HAVING IS, IS HIS MOTHER IS, UH, IN A, UM, UH, CRITICAL CARE FACILITIES AND, UM, AND LULING AND SHE'S GETTING READY TO PASS.
SO, YOU KNOW, THAT'S, WE'RE HAVING TO TAKE A LITTLE TIME FOR THAT.
YOU KNOW, IT'S NOT, I CAN CONTROL SO, BUT, UM, I BELIEVE WE COULD HAVE, WE COULD HAVE MOST OF THE STUFF, UH, TAKE IT, WHICH ACTUALLY WHEN THE, WHEN, LIKE I SAID, WHEN THEY CAME TO VISIT, UH, BACK IN MARCH, THEY HAD, UH, THEY HAD ALREADY NOTICED THAT A LOT OF THEM HAD ALREADY LEFT A LITTLE STUFF, HAD ALREADY BEEN SIGNED OFF ON BECAUSE WE HAD COVERED SOME STUFF, KNOW, SOME NEW STUFF THAT THEY FOUND.
AND SINCE THEN WE'VE PATCHED UP THE HOLES IN THE WALLS, UH, PAINTED, UM, UH, LIKE I SAID, PUT IN THE WINDOWS, UM, UM, GOT THE PLUMBING, THE PUNKS SQUARED AWAY, UM, THING, THINGS LIKE THAT.
AND SO, UM, I, LIKE I SAID, OTHER STUFF IS, YOU KNOW, SOME, SOME TECHNICAL STUFF THAT I'M PROBABLY GOING TO HAVE TO, LIKE I SAID, HIRE A PROFESSIONAL FOR, AND IF WE HAVE TO REDO THE WHOLE ROOF, THEN THAT'S GOING TO, IT'S GOING TO TAKE SOME FIGURING OUT OF HOW MUCH MONEY IS GOING TO TAKE INTO FIND A ROOFER.
SO, YOU KNOW, RIGHT NOW IT'S LIKE RIGHT NOW, IT'S, UH, YOU KNOW, BY ONCE THEY GET UP ON THE TOP OF THE ROOF IN JULY AND AUGUST, WHICH I WOULD FEEL KIND OF A NATURAL LAST ONE TO HAVE TO DO THAT.
SO THAT THAT'S REALLY ANY THAT'S THE, THOSE ARE THE BIG THINGS.
AND THEN I WAS, I WOULD SAY ABOUT FOUR MONTHS, WE WILL TAKE TO DO THAT.
I HAVE A FOLLOW-UP QUESTION FOR MR. SEGUIN.
SO WE JUST HEARD FROM THE DETECTIVE ABOUT THE CRIMINAL ACTIVITY, YOU MENTIONED THAT YOU'VE EVICTED EVERYBODY OUT OF THE HOUSE EXCEPT FOR ONE PERSON IS DOING THE WORK, BUT YOU DIDN'T MENTION IT ANYWAY.
THESE EXPERIENCED GUYS WON'T HELP ME CAUSE I'M, LIKE I SAID, I'VE, I WAS A LITTLE KID WHEN I WAS HELP.
SO I DON'T, I'M NOT MUCH OF A CARPENTER THING LIKE THAT.
SO, UM, HE'S A FORMER NAVY SEAL.
UH, HE HAS SEVERAL ENGINEERING DEGREES, SO HE'S LIKE I SAID, THE GUY THAT I GO TO AND, UH, HE WAS HOMELESS AT ONE TIME AND, UH, I WAS BACK ON HIS FEET AND, UH, AND HE'S THE, LIKE I SAID, HE'S THE GUY THAT I TURNED TO.
SO, UM, AND LIKE I SAID, THERE'S, THERE'S NOBODY TO HELP YOU, YOU KNOW, THE ONE GUY THAT WOULD HELP OUT AS WELL.
WELL, YOU KNOW, LIKE I SAID, I DON'T REALLY DEPEND ON THEM.
THERE, THERE ARE PEOPLE THAT I'VE HELPED OUT.
THE RESIDENTS THAT LIVED THERE, YOU KNOW, THEY'RE JUST, YOU KNOW, WE TEACH WHEN YOU THINK YOU'RE HELPING SOMEBODY OUT AND REALLY YOU'RE JUST ENABLING THEM.
AND THEN IT COMES TO FIND OUT THAT YOU'RE NOT REALLY HELPING ANYBODY IT'S TIME FOR EVERYBODY TO GO.
UM, I DO WHAT I COULD, UH, SOME PEOPLE CALL IT NIMBY, NOT IN MY BACKYARD.
UH, YOU KNOW, THEY DON'T WANT THE HOMELESS THING.
I'VE, I'VE GOT PEOPLE DESERVE A SECOND CHANCE.
YOU KNOW, IT JUST, I GUESS, I GUESS CALL MYSELF A BLEEDING HEART.
I'M A BLEEDING HEART, I GUESS.
BUT THEN I REALIZED THAT, YOU KNOW, THERE'S, THERE'S FINES AND THERE'S, AND THERE'S CONDITIONS AND THINGS YOU HAVE TO TAKE CARE OF.
AND IT SEEMS LIKE NOW EVERYONE'S LOOKING OUT FOR THEMSELVES.
SO I GUESS I SHOULD LOOK OUT FOR MYSELF AND MY PROPERTY.
UH, I BELIEVE, UH, OFFICER CRUZ CHECKED UP ON THE CALLS HAD BEEN MADE THERE, THERE WAS ONE COMPLAINT I BELIEVE TWO MONTHS AGO ABOUT A MAN LOOKED LIKE HE WAS URINATING ON THE FENCE, BUT I CAN'T CONTROL WHAT HAPPENS OFF MY PROPERTY.
I, YOU KNOW, SOMEONE GOES AROUND TO THE BACKSIDE OF THAT FENCE BY THE DIOCESE.
I CAN'T, I CAN'T CONTROL THAT.
[02:25:01]
UM, THERE'S, YOU KNOW, OTHER THAN THAT, THERE'S ANY LESSON TO KNOW THEIR CALLS TO THEIR, UH, I'VE TAKEN A HANDS-ON APPROACH.I TELL THEM PEOPLE, YOU DON'T LIVE HERE, YOU GOTTA GO, YOU KNOW, TAKE YOURSELF AND LEAVE.
AND WE'VE DONE THE BEST OF THE PEOPLE THAT DO LIVE THERE.
I'VE GIVEN THEM IN THE MONTH THAT THEY'RE LEAVING.
I MEAN, I DID THAT WITHOUT HAVING TO FILE AN EVICTION.
I JUST GAVE HIM ENOUGH TIME TO GET OUT OF THERE.
SO THAT'S, THAT'S WHERE I'M AT.
I, I, LIKE I SAID, I GUESS I'M RECLAIMING THE HOUSE ANOTHER WAY TO PUT IT HERE.
MY GENDER IS ANY OTHER, UH, NO, NO, SIR.
UH, THERE ARE NO OTHER QUESTIONS I WOULD ENTERTAIN A MOTION TO, UH, CLOSE THE PUBLIC HEARING.
I MOVED TO CLOSE THE PUBLIC HEARING FOR A SECOND TO THE MOTION.
I SECOND, SECOND BY COMMISSIONER MILLER MOTION BY COMMISSIONER, GOVERNOR DAY.
UH, WE MOVE ON TO A DISCUSSION BETWEEN OURSELVES.
THE PUBLIC MEETING ITSELF HAS BEEN CLOSED.
COMMISSIONERS, ANY DISCUSSION REGARDING THE, UH, THE PRESENTATION, I MYSELF FEEL THAT MORE THAN 30 DAYS WOULD BE REASONABLE AND IN LINE WITH HER, UH, BEFORE US, I DON'T KNOW, I'D GO WITH A HUNDRED DAYS, BUT YOU KNOW, I, I FEEL THAT THAT IT'D BE GIVEN A GENTLEMEN, UH, MORE THAN 30 DAYS TO TRY TO GET THE PROPERTY IN ORDER AND COMPLY WITH THE, UH, UH, UH, CODE, UH, AND FIX THE VIOLATIONS.
UM, SO I, I DON'T KNOW HOW YOU FEEL ABOUT IT.
IF I COULD AGREE WITH THE REGIONAL FUND, I WOULD LIKE TO UPDATE SOMETIME WITHIN EITHER 30 OR 90 DAYS, BUT, UH, I WOULD, UH, BACK, UH, YOUR RECOMMENDATION.
WELL, I WOULD RECOMMEND THAT WE ADOPT THE, UH, THE ODOR, NOT IN CHARGES PERCENTAGE, EXCEPT FOR THE, UH, THE LENGTH OF TIME TO, UH, TO DO THE REPAIRS.
UH, ANYBODY FEELS THE SAME WAY AND WOULD LIKE TO, UM, MAKE A MOTION.
HOW MUCH TIME AM I WRITING SUGGESTING I'M SUGGESTING THAT MS. 90 DAYS, WE HAVE DONE 80 DAYS ON OTHER PROPERTIES BEFORE? WELL, I BELIEVE THE MAXIMUM WE CAN DO IS 90 DAYS.
OTHERWISE WE WILL HAVE TO RE REFER THAT CASE TO THE NEXT HEARING.
UM, UM, I'M NOT SURE ABOUT 90 DAYS, BUT OF COURSE THE ROOF, I THINK COULD POTENTIALLY IT IS TRUE THAT COULD POTENTIALLY TAKE MAYBE A COUPLE OF MONTHS TO GET THAT DONE.
THAT SHOULD BE AN INSURANCE CLAIM.
FOR THE MOST PART, I WOULD TAKE IT IN CONSIDERATION THE FACT THAT THIS GENTLEMAN APPEARS NOT TO HAVE THE FUNDS HIMSELF.
SO HE'S GOING TO HAVE TO DO A LOT OF SELF-WORK TAKING CONSIDERATION HEAT DURING THE SUMMER TAKING CONSIDERATION THAT HE'S THIS, HE'S GOT THIS PERSON THAT'S PRACTICALLY ON THEIR DEATH BED THAT THEY GOT TO SPEND TIME ATTENDING TO.
AND THAT'S WHY I'M SUGGESTING THAT MAYBE 90 DAYS WOULD BE FAIR UNDER THE CIRCUMSTANCES.
UH, YES, JUST FOR PURPOSES OF DISCUSSION.
I AGREE WITH EVERYTHING YOU JUST SAID.
I THINK I WOULD SUPPORT 90 DAYS.
UH, AND, AND FOR THE ADDITIONAL REASONS THAT, UM, UH, I THINK, I THINK THE, THE SERIES OF EVENTS BY WHICH PROPERTY COMES TO BE IN THE CONDITION THAT WE FIND THIS PROPERTY IN, UH, YOU KNOW, ANY NUMBER OF THINGS CAN LEAD US TO THIS POINT.
BUT THE SENSE I GET MR. SEGUIN IS THAT WHAT LED TO THIS POINT WAS A SERIES OF INNOCENCE.
AND IN SOME CASES, EVEN THE LAUDABLE, UH, DECISION THAT HOWEVER WELL-INTENDED, THEY MAY HAVE BEEN, UH, HAVE LED TO CONSEQUENCES
[02:30:01]
THAT WE AS A CITY CAN LIVE WITH.AND I THINK MR. SEGUIN UNDERSTANDS THAT, AND I HAVE NO REASON TO, TO DOUBT HIS GOOD FAITH AT THIS TIME THAT HE WANTS TO MOVE WITH ALL DELIBERATE SPEED TO, TO REMEDY THE ISSUE NOW, UH, YOU KNOW, AND, AND IF HE'S NOT, UH, BEING HONEST ABOUT THAT WITH US, WE'RE GOING TO KNOW SOON ENOUGH.
UH, BUT I THINK, UH, IN LIGHT OF THE CIRCUMSTANCES IN LIGHT OF THE FACTORS THAT YOU MENTIONED, MR. CHAIRMAN, I WOULD, I WOULD, UH, I WOULD ALSO AGREE THAT THAT I'M COMFORTABLE WITH 90 DAYS AND I PROBABLY DON'T EVEN NEED TO HEAR FROM HIM IN THE MEANTIME.
UM, I WOULD, SO JUST THAT'S JUST FOR DISCUSSION, WOULD YOU BE WILLING TO MAKE A MOTION TO THAT EFFECT, UH, DROP THE, UH, THE, UH, THE ORDER IS PRESENTED EXCEPT EXTENDING THE 30 DAYS TO 90 DAYS? SURE.
SO STATE, UH, ZERO SECOND TO THE MOTION I DID THE SECOND.
SECOND BY A WORDY THOMPSON DISCUSSION.
I'M GOING TO DO IT BY ROLL CALLS.
UH, COMMISSIONER
FAVOR AND NOT COMMISSIONER THOMPSON.
I WILL VOTE ESH UNANIMOUS MOTION CARRIES
I JUST RECEIVED AN EMAIL, UM, PATRICIA LINK THAT HAS THE PROPOSED LANGUAGE THAT WE COULD ADD TO OUR MOTION ON THE FIRST CASE WE HEARD.
SO, UM, DO YOU WANT TO DO THAT NOW? OR DO YOU WANT TO WAIT? NO, I LIKE TO DO IT NOW.
[1. Case Numbers: Bldg. 3: CL 2021-086007, CL 2021-086037 & CL 2021-086090; Bldg. 4: CL 2021-086120; Bldg. 5: CL 2021-086132; Bldg. 6: CL 2021-086172; Bldg. 9: CL 2021-086133; Bldg. 10: CL 2021-086136; Bldg. 12: CL 2021-086137& CL 2021-086237; Bldg.13: CL 2021-086244 & CL 2021-086255; Bldg. 14: CL 2021-086295; and Bldg. 15: CL 2021-086281 & CL 2021-086263. Property address: 9500 Dessau Road (aka 9500 Apartments), Bldg. 3, Units 313, 314& 332; Bldg. 4, Unit 416; Bldg. 5, Unit 511; Bldg. 6, Exterior; Bldg. 9, Unit 911; Bldg. 10, Unit 1025; Bldg. 12, Units 1213& 1221; Bldg. 13 Exterior & Unit 1312; Bldg. 14, Exterior; and Bldg. 15, Exterior& Unit 1513 Staff presenter: Javier Salas, Austin Code Department Staff recommendation: Repair multi-family commercial structure (Part 2 of 2)]
TO AGENDA ITEM, NUMBER ONE MISSIONS BEFORE YOU, UM, LOAD ON THIS ITEM.AND I JUST WANT TO BE CLEAR THAT SO THAT THE RECORDS THERE ARE A TOTAL OF 43 VIOLATIONS AMONGST THE 10 ORDERS.
SO IF YOU DO VOTE FOR A THOUSAND DOLLARS PER VIOLATION PER DAY, THE PENALTY WILL BE $43,000 PER DAY.
SO I JUST WANNA MAKE SURE THAT THAT IS UNDERSTOOD.
AND THAT WAS ON THE PROPERTY THAT HAD SHOWED APPRAISED AT $29 MILLION.
IS THAT RIGHT? I'M NOT SURE WHAT THE APPRAISAL AMOUNT IS.
I'M JUST WANTING TO MAKE SURE THAT THAT WAS THE NUMBER OF VIOLATIONS THAT HAVEN'T BEEN SET UP, SO.
I HAVE A QUESTION FOR THE ATTORNEY.
I WANT JUST ONE MORE CLARIFICATION.
IF THE OWNER DECIDES TO TAKE THIS TO JUST RECORD THE ORDER STILL STANDS AND THE FINES WILL START ACCRUING.
IS THAT CORRECT? WE CAN'T TANGLE THIS UP IN A DISTRICT COURT TO AVOID HAVING TO DO THE WORK.
I WOULD HAVE TO TAKE SOME STEPS WITHIN THE COURT PROCESS TO STOP THE APPROVAL OF ANY SORT OF PENALTIES OR THE DEADLINE SHOULD LOOK THERE BEFORE I REPAIR THE PROPERTY.
YEAH, MR. CHAIR, IF I'VE MADE THE OTHER QUESTION FROM MS. LINCOLN, YOU'RE REFERRING TO, HE WOULD HAVE TO MAKE SOME SORT OF MOTION TO STAY THE EXECUTION OF IT COUNCIL'S ORDER PENDING THE RESOLUTION OF THE CASE IN THE DISTRICT COURT IS THAT THAT'S SORT OF WHAT YOU'RE THINKING.
BUT IT'S NOT, THERE'S NOT AN AUTOMATIC STAY.
IN OTHER WORDS, THERE'S NO STATUTORY PROVISION THAT ONCE FILE A PETITION IN DISTRICT COURT, EVERYTHING IS STAYED THAT THEY ACTUALLY HAVE TO TAKE AFFIRMATIVE STEPS AND KIND OF BRIEF THE COURT ON THAT AND GET ORDERED, I THINK, CORRECT ME IF I'M WRONG.
AND IF THEY CORRECT SOME OF THOSE VIOLATIONS, THEN THE NUMBER OF VIOLATIONS THEY'RE PAYING ON WILL GO DOWN.
SO THEY HAVE AN INCENTIVE TO WORK ON IT, EVEN IF THEY DON'T, YOU KNOW, GET ALL OF THEM DONE.
UM, SO HERE'S WHAT WOULD BE ADDED TO THE, UM, MOTION THAT I MADE BEFORE, BASED ON THE TESTIMONY AND EVIDENCE PROVIDED DURING THE HEARING, THE COMMISSION FINDS THAT 10 DAYS FROM THE DATE, THE ORDER IS MAILED IS A REASONABLE TIME TO MAKE THE REPAIRS.
IN THIS CASE AT A MINIMUM, THE COMMISSION RELIES ON THE FOLLOWING
[02:35:01]
EVIDENCE SLASH TESTIMONY.A MAJORITY OF THE VIOLATIONS OCCURRED AS A RESULT OF WINTER STORM URI, WHICH OCCURRED IN FEBRUARY, 2021.
HOWEVER, REPAIRS HAVE NOT BEEN COMPLETED TO THE DEADLINE TO COMPLY WITH THE NOTICES OF VIOLATION WAS ON OR ABOUT MAY 29TH, 2021, THREE, EVEN THOUGH AWARE OF THE VIOLATIONS, THE PROPERTY OWNER DID NOT START THE PERMIT PROCESS UNTIL JUNE 14TH, 2021, OR WHEN THE PROPERTY OWNER APPLIED FOR PERMITS, IT DID NOT APPLY FOR ALL NECESSARY PERMITS.
SO THAT WOULD BE THE STATEMENT WE WOULD MAKE JUSTIFYING THAT SHORTER LENGTH OF TIME IN THE MOTION.
SO COMMISSIONER MILLER, UH, AS FAR AS YOUR EMOTION IS CONCERNED, THEN, UH, YOU, OR SAY THAT NATE HAS A RE AS A BASIS FOR SAYING THAT 10 DAYS IS REASONABLE AND, AND YOUR MOTION IS STILL, UH, A THOUSAND DOLLARS, UH, PER DAY PER VIOLATION ON ALL SEVEN BUILDINGS, WHICH PUT ME IN QUESTION WHEN MANIA WOULD COVER SEVEN ORDERS FOR ALL THE VIOLATIONS IN THOSE SEVEN BUILDINGS.
AND I BELIEVE THE SECOND WAS BY COMMISSIONER
AND THAT'D BE IN A CASE, UH, ANY MORE DISCUSSION ON THE MOTION, VICE CHAIR THERE, 10 BUILDINGS.
UH
YEAH, THAT WOULD BE AN OCCASION.
WE'RE GOING TO DO A ROLL CALL, VOTE, UH, COMING, SHARE A GUN DAY.
NUMBER ONE, I VOTE AGAINST THAT MOTION.
YOU, UH, COMMISSIONER THOMPSON? YES.
AND I, THE WAY I SHARE VOTE, YES, THAT MAKES IT, UH, SHAKES IN FAVOR AND ONE A POST.
SO THE MOTION CARRIES, UH, ORDERS.
SO, UM, ALLIE, WE HOPE YOU PROVIDE US WITH THE NEXT MEETING OR STATUS REPORT ON WHAT'S GOING ON AT THIS PROPERTY.
CAN WE GET A STATUS REPORT, BUILDING STANDARDS, COMMISSION MEETING.
SO THE QUESTION IS A 10 STEP FOR RIDERS WHERE AN UPDATE ON WHAT, ON THE PROGRESS, IF YOU VINNIE AT OUR NEXT MEETING, PLEASE, I BELIEVE THAT WOULD BE SOMETHING YOU'D DISCUSSED OR IN FUTURE AGENDA ITEMS SINCE IT WASN'T PART OF THE ORDER.
COMMISSIONER, UH, GREEN, YOU RECOGNIZE, THANK YOU VERY MUCH.
I HAVE A, UM, A DATE TOMORROW.
I HAVE TO DROP OFF WHEN I DRIVE UP HERE TO NINE 14.
WE GO NEXT TO WHAT PUSH COMMISSION.
IT'S ONE THAT I HAVE TO DROP OFF, UH, RIGHT NOW THAT, UH, YOU HAVE A BIG QUORUM.
UH, THANK YOU FOR JOINING US TODAY.
UH, SO, UH, WHAT AGENDA ITEM COULD WE GO TO NEXT? COULD WE
[5. Case Number: CL 2017-111475 Property address: 2215 E. Anderson Lane Service Road EB / Owner: Ghassan A. Karim, LLC Staff presenter: Robert Moore, Austin Code Department Staff recommendation: Issue new order for demolition Previous Commission Action: Rescinded repair order issued September 27, 2017 and demolition order issued May 26, 2021.]
SKIP 12 AND MOVE ON TO ITEM NUMBER FIVE ON THE AGENDA, WHICH IS 2, 2, 1, 5 ANDERSON LANE.AND I WANT TO MAKE SURE WE HAVE THIS CASE HEARD.
I CALLED JEN ITEM NUMBER FIVE.
[02:40:01]
OKAY.ITEM NUMBER FIVE ON THE AGENDA IS A RETURNING CASE.
THE PROPERTY ADDRESS IS 2, 2, 1 5 ANDERSON LANE AND HIS CASE NUMBER 2017, 9 5 3 7 9.
THE EXHIBITS CAN BE FOUND IN THE GREEN BOOK AND THE GOOGLE DRIVE FOLDER.
THIS CASE IS ABOUT A VACANT ABANDONED COMMERCIAL PROPERTY LOCATED IN NORTHEAST AUSTIN, WHICH IS CONSIDERED SUBSTANDARD AND UNSAFE WITH DANGEROUS CONDITIONS AT THE SEPTEMBER 27TH, 2017 MEETING THE BSC HEARD THIS CASE AND ISSUED AN ORDER THAT INCLUDED REPAIR VACATE BOARD INSECURE AS WELL AS A 24 HOUR FIREWATCH AND OTHER SAFETY REQUIREMENTS.
THIS ORDER WAS RESCINDED AT THE MAY 26TH, 2021 MEETING PRIOR TO THE SEPTEMBER, 2017 MEETING.
THE BUILDING HAD BEEN ILLEGALLY CONVERTED FROM A COMMERCIAL OFFICE BUILDING INTO A ROOMING AND BOARDING HOUSE IN RESPONSE TO THE 2017 BSC ORDER.
THE BUILDING WAS VACATED AND BOARDED INSECURED.
HOWEVER TO DATE, NO REPAIRS HAVE BEEN MADE.
THE BUILDING HAS SINCE BECOME A HAVEN FOR VANDALISM AND DRUG ACTIVITY.
AS A RESULT, OUR CODE OFFICER IS CURRENTLY SCHEDULING THE 12TH BOARD INSECURE FOR THIS PROPERTY.
I WOULD ALSO LIKE TO NOTE THAT THE PROPERTY IS LOCATED APPROXIMATELY 92 FEET FROM THE NEAREST SCHOOL AND 150 FEET FROM THE NEAREST BANK TONIGHT, STAFF IS BRINGING THIS CASE BACK TO THE COMMISSION TO RECOMMEND DEMOLITION OF BOTH THE PRIMARY AND ACCESSORY STRUCTURES.
AS THESE STRUCTURES REMAIN UNFIT FOR HUMAN HABITATION AND CONTINUE TO BE A HEALTH AND SAFETY HAZARD DUE TO THE CONSTANT VAGRANT DUE TO THE CONSTANT VANDALISM AND NUISANCE.
THIS PROPERTY CAUSES A COMMUNITY.
WE ARE ALSO ASKING THAT THE ORDER ISSUED MAY 26TH, 2021 BE RESCINDED IN YOUR GOOGLE DRIVE FOLDER.
YOU'LL FIND THE FOLLOWING EXHIBITS ONE THROUGH FOUR, WHICH WERE PREVIOUSLY ADMITTED, EXHIBIT FIVE, WHICH CONTAINS AN UPDATED COMPLAINING CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, THE REQUIRED NOTICES OF HEARING AND REQUIRED POSTINGS.
AND THE PREVIOUSLY ISSUED BSC ORDER EXHIBIT SIX, WHICH CONSISTS OF CODES, PHOTOGRAPHS MARKED AS SIX, EIGHT THROUGH SIX V.
AND LASTLY CODES RECOMMENDED ORDER AUSTIN CODE DIVISION MANAGER.
ROBERT MORRIS IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THIS CASE.
AND WE'LL DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED IN THE PHOTOGRAPHS DIVISION MANAGER MORE, PLEASE BEGIN YOUR TESTIMONY.
CAN EVERYBODY HEAR ME NOW? ARE YOU SURE? CAN I WAS IN THE BULLPEN? THEY DIDN'T LET ME IN UNTIL JUST NOW, SO SORRY FOR THE WAIT, EVERYBODY.
UM, OKAY, LET ME START THIS NOW.
UM, GOOD EVENING COMMISSIONERS.
MY NAME IS ROBERT MOORE AND I'M A DIVISION MANAGER FOR THE AUSTIN CODE CASE REVIEW AND ESCALATIONS DIVISION.
THE PROPERTY I AM BRINGING BEFORE YOU IS A VACANT, DILAPIDATED, DANGEROUS COMMERCIAL PROPERTY LOCATED AT 2215 EAST ANDERSON LANE HERE IN AUSTIN, TEXAS, THE OWNER HAS BEEN IDENTIFIED AS GUS, A KAREEM LLC REGARDING THE OWNERSHIP AUSTIN CODE HAS HAD NO RECENT COMMUNICATION WITH THE OWNER, ONLY THE OWNER'S DAUGHTER AND A MR. PAUL FLETCHER, WHO IS A REPRESENTATIVE FOR THE LIEN HOLDER, UH, THE OWNER OR OWNER'S REPRESENTATIVE HAVE NOT RESPONDED TO ANY REQUESTS TO BOARD AND SECURE WHEN NEEDED OR MAINTAIN THE PROPERTY PER CITY CODE.
UH, THE CREDIT DIVISION WAS ASSIGNED TO THIS CASE IN AUGUST, 2019.
AND AFTER PERFORMING MANY FOLLOW-UP INSPECTIONS, WE CAN ATTEST THAT THIS PROPERTY POSES A DANGER TO THE COMMUNITY.
THE INTERIOR HAS SUFFERED MAJOR DAMAGE DUE TO VANDAL.
THIS ACTIVITY, THE INTERIOR IS LITTERED WITH TRASH SHOPPING, CARTS, INSULATION, DAMAGED SHEET, ROCK, HUMAN WASTE, AND MANY OTHER UNSIGHTLY AND OBJECTIONABLE MATERIALS.
THE EXTERIOR OF THE STRUCTURE HAS ALSO SUFFERED DAMAGE AND DETERIORATION AND HAS BEEN TAGGED WITH GRAFFITI EVERY DOOR AND WINDOW ON THE MAIN STRUCTURE HAS BEEN BOARDED MANY TIMES OVER BY THE AUSTIN CODE DEPARTMENT.
THERE WAS ALSO EIGHT ATTACHED RED MORGAN SHED AND THE REAR THAT HAS HAD PARTS OF THE PANELING REMOVED TO MAKE ENTRY AND LIVING QUARTERS FOR ANYONE WHO PASSES BY SINCE DECEMBER, 2017, THE PROPERTY HAS BEEN EMERGENCY BOARDED AND SECURED A TOTAL OF 11 TIMES AND ABATED THREE TIMES.
[02:45:01]
HAS COST THE CITY OF AUSTIN OVER $10,000 TO DATE.THE AUSTIN CODE DEPARTMENT HAS MET AND COLLABORATED WITH APD SEVERAL TIMES WHEN PERFORMING EMERGENCY BOARD AND SECURES AND ABATEMENTS.
THIS PROPERTY HAS AN EXTENSIVE HISTORY WITH THE AUSTIN CODE POLICE DEPARTMENT.
AND I WOULD LIKE TO READ INTO RECORD AN EMAIL FROM THE AUSTIN POLICE DEPARTMENT'S DISTRICT REPRESENTATIVE, MR. ANDRE BLACK, PROVIDING HIS TESTIMONY.
UH, OFFICER BLACK IS NOT ABLE TO BE IN ATTENDANCE TONIGHT, UH, DUE TO ANOTHER ALREADY SCHEDULED EVENT.
THIS EMAIL, UH, THAT I'M ABOUT TO READ FROM MR. BLACK CONFIRMS THE CROSS DEPARTMENTAL CONCERN WITH THE PROPERTY.
AND I'M GOING TO PULL THAT EMAIL UP.
SO IN THE WORDS OF MR. ANDRE BLACK, TO WHOM THIS MAY CONCERN, I AM THE APD DISTRICT REPRESENTATIVE ASSIGNED TO THE AREA OF CONCERN.
I AM WRITING ABOUT THE PROPERTY LOCATED AT 2215 EAST ANDERSON LANE.
I WANTED TO EXPRESS MY CONCERNS ABOUT THAT PARTICULAR STRUCTURE FROM A PUBLIC SAFETY PERSPECTIVE.
I HAVE BEEN OUT THERE TWO TIMES WITH OTHER OFFICERS TO WALK AROUND THE INSIDE OF THE CONDEMNED BUILDING, DUE TO THE BOARDS, BEING TAKEN OFF THE DOORWAYS AND WINDOWS FOR ENTRY SLASH RE-ENTRY PURPOSES OF TRESPASSERS.
WHILE CONDUCTING A CHECK OF THE INTERIOR OF THE BUILDING, YOU ARE IMMEDIATELY MET WITH THE ANIMAL AND HUMAN FECES, ALONG WITH OLD CEILING INSULATION, HANGING, HANGING FROM THE BROKEN CEILING TILES, BROKEN GLASS, HYPODERMIC NEEDLES, OLD BROKEN FURNITURE, ACCESS TO THE ATTIC CLOTHING, OLD HALF EATEN FOOD, ET CETERA.
UH, THIS BUILDING IS CERTAINLY NOT CONDUCIVE OR SUITABLE TO BE INHABITED BY ANY HUMAN BEING.
AND THE DANGERS OF TEARING THE BOARDS DOWN TO CLIMB THROUGH A WINDOW OR DOOR TO ENTER ARE INHERENTLY DANGEROUS BECAUSE OF THE JAGGED EDGES AROUND THE FRAMES OF THE WINDOWS AND DOORS, ALONG WITH LOCAL WILD ANIMALS, USING THE BUILDING AS A NESTING GROUND WITH A RECENT PASSING OF PROPOSITION B REINSTATEMENT OF PUBLIC CAMPING BAN, UH, AS THE HOMELESS INDIVIDUALS BEGIN TO LOOK FOR PLACES TO GO AND LIVE, THIS MAY BE AN OPTION TO SOMEONE OR A NUMBER OF OTHERS TO GO.
I BELIEVE THAT THIS LOCATION IS NOT ONLY KNOWN BY MANY OF THE INDIVIDUALS CURRENTLY EXPERIENCING EXPERIENCING HOMELESSNESS, BUT TO MANY INDIVIDUALS WHO MAY NOT BE HOMELESS, BUT ARE OF THE CRIMINAL ELEMENT.
ACCORDING TO THE AUSTIN POLICE DEPARTMENT, 9 1, 1 CFS CALLS FOR SERVICE SINCE 2012, THERE HAVE BEEN THE FOLLOWING REPORTS, SHOTS FIRED GUN URGENT INDIVIDUALS, EXPERIENCED MENTAL CRISIS, INCLUDING EMERGENCY DETENTIONS AND TRANSPORT TO MENTAL HEALTH FACILITIES, NARCOTICS RELATED ARRESTS INVESTIGATIONS, CHECK WELFARE'S ASSAULTS, BURGLARIES, CRIMINAL TRESPASS, SUSPICIOUS PERSONS ABANDONED SLASH SUSPICIOUS VEHICLES WITH A MULTITUDE OF CF S AT THIS LOCATION OVER SEVERAL YEARS, IT POSES A SAFETY RISK FOR THE NEARBY BUSINESSES, SCHOOLS AND COMMUNITIES INCLUDED IN THE CENTRAL BANK EAST OF THE PROPERTY.
THE AUSTIN ACHIEVE PUBLIC SCHOOL, NORTHEAST CAMPUS, K THROUGH 12 SOUTH OF THE PROPERTY, A HEAVILY WOODED CREEK BED WATERWAY DANGEROUS DURING HEAVY RAINS AND THEIR GAVI FALLS APARTMENT COMPLEX.
OVER THE COURSE OF THIS PERIOD, THERE HAS ALSO BEEN VEHICLES PARKED AT THE REAR OF THE LOCATION, NOT SEEN FROM TWO 90, UH, I'M SORRY, NOT SEEN FROM THE TWO 90 HIGHWAY EASTBOUND SERVICE ROAD WHERE INDIVIDUALS HAVE LIVED, UH, FOR SEVERAL MONTHS AND WE'RE INDIVIDUALS GO TO BE HIDDEN TO CONDUCT SUSPICIOUS ACTIVITIES BEFORE LEAVING EITHER ON THEIR OWN OR BY POLICE ACTION.
THERE HAS BEEN HUNDREDS OF OLD VEHICLES, TIRES DUMPED BEHIND THE BUILDING POSING AND ADDITIONAL HEALTH AND SAFETY THREAT.
UH, THIS LOCATION SERVES NO PURPOSE OTHER THAN BEING AN ATTRACTIVE ATTRACTION FOR TRESPASSERS SQUATTERS, ILLEGAL DUMPING KNOWN REPORTED CRIMINAL ACTIVITY AND LOWRIDERS, UH, WHICH PUTS EVERYONE IN THE COMMUNITY AT A RISK OF SOME SORT OF POSSIBLE VICTIMIZATION ALONG THE DANGERS AND THE SAFETY RISK OF ANYONE BEING INSIDE, SUCH AS A STRUCTURE, THAT'S A MAJOR DISARRAY AND A NEED OF EXTENSIVE REPAIR OF COMPLETION OR OF COMPLETE DEMOLITION.
UH, THAT CONCLUDES THE, UH, EMAIL FROM MR. BLACK.
UM, SO THE AUSTIN CODE DEPARTMENT, HIS REQUEST IS REQUESTING A DEMOLITION ORDER BECAUSE OF THE, OF THE IMMINENT STRUCTURAL INTEGRITY OF THE STRUCTURE, BUT BECAUSE IT IS A SEVERE ATTRACTIVE NUISANCE THAT IS IN CLOSE PROXIMITY TO A SCHOOL AND IS IN A DANGER TO THE PUBLIC HEALTH AND SAFETY OF THE COMMUNITY.
UH, ALSO FIRE CHIEF KENNEDY IS ALSO IN ATTENDANCE, UH, TONIGHT TO ECHO THE REQUEST FOR DEMOLITION OF THE STRUCTURE.
I WILL NOW PRESENT THE PHOTOS OF THE PROPERTY, UH, SHOULD BE ONE.
CAN EVERYBODY STILL HEAR ME? THAT WAS A LOT OF ME TALKING AND NO RESPONSE.
UM, SIX, EIGHT SHOWS A CONTEXTUAL PHOTO OF THE OUTSIDE OF THE BUILDING, AS YOU CAN SEE, IT'S TAGGED WITH GRAFFITI, UH, THE HIGHWAYS AND GRASS ARE PRETTY ABUNDANT
[02:50:01]
THERE.SO THIS IS THE, UH, EXTERIOR PORTION, THIS KIND AROUND THE BACK HERE, UH, YOU CAN SEE A SIX B THROUGH SIX E UH, YOU HAVE TIRES, UH, STACKING UP THERE, WHICH HAVE BEEN ABATED SINCE THEN, BUT, UH, NONETHELESS, THEY CONTINUED TO DUMP THERE.
AND THEN THERE'S THE RED MORGAN SHED THAT WE WERE TALKING ABOUT, UH, THAT PEOPLE ARE GOING IN AND OUT OF NEXT PHOTOS, PLEASE.
UH, HERE'S ANOTHER ONE, ANOTHER MORE UPDATED PHOTO TO SHOW, YOU KNOW, MORE BOARDING AND SECURING ON THE PART OF AUSTIN CODE, UH, AT THE TOP SIX F AND SIX G AND THEN AGAIN, SIX H AND SIX, I SHOW THE MORGAN SHED THAT WAS BOARDED, BUT AS YOU CAN SEE, ANOTHER PANEL HAS BEEN BUSTED OUT AT THE TIME OF THESE PHOTOS.
SIX J SIX K SIX L SIX M JUST, THIS IS A HANDFUL OF PHOTOS IN THE INTEREST OF TIME.
WE DIDN'T SHOW EVERY SINGLE PHOTO WE EVER TOOK.
UH, BUT THEY'RE ALL VERY SIMILAR TO THESE IN THE FACT THAT IT SHOWS THE DAMAGE SHEET ROCK, UM, THROUGHOUT THE ENTIRE STRUCTURE, NEXT PHOTOS, UH, SIX N 6 0 6 P IT'S EXCUSED.
SO SHOW THE SAME, UH, MINI ROOMS AND DISREPAIR AND DILAPIDATING SHEET ROCK DAMAGE.
UH, MORE PHOTOS AGAIN, UH, WHERE WE HAVE TILE DAMAGE.
AND, UH, IF YOU COULD LOOK AT 60 A AND EVEN SIX, YOU, YOU HAVE A BUNCH OF ELECTRICAL, UH, DAMAGE AROUND THE ELECTRICAL WIRING, WHICH COULD POSE A PROBLEM IF THE ELECTRICAL IS TURNED BACK ON, UH, NEXT PHOTOS, PLEASE.
UH, AND THEN THE LAST PHOTO IS SIX V THAT SHOWS AN ARIEL.
UH, AND THIS IS MAINLY JUST TO SHOW YOU THE CLOSE PROXIMITY PROXIMITY OF THE SCHOOL AND THE BANK, UH, TO THE SOUTH AND SOUTHEAST.
UH, AND THAT CONCLUDES, UH, MY PHOTO PRESENTATION AND I'M AVAILABLE FOR ANY QUESTIONS.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE AND THOSE DESCRIBED IN THE FINDINGS OF FACT CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND ATTRACTIVE NUISANCE AND IS CONSIDERED SUBSTANDARD AN UNSAFE WITH DANGEROUS CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT FIVE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS.
EXHIBIT SIX, EIGHT THROUGH SIX V, WHICH ARE PHOTOGRAPHS OF THE PROPERTY AND THE VIOLATIONS STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THIS CASE IN ORDER THE FOLLOWING RESCIND, THE BSC ORDER ISSUED MAY 26TH, 2021, AND THAT'S TRV NUMBER 2020 1 1 2 6 4 4 3 ISSUE TO ISSUE A NEW BSE ORDER REQUIRING THAT THE OWNER COMPLETE THE FOLLOWING WITHIN 30 DAYS FROM THE DATE, THE ORDER IS MAILED A OBTAIN AND FINALIZE ALL NECESSARY PERMITS, BE DEMOLISHED, ALL PORTIONS OF THE COMMERCIAL STRUCTURE AND THE DETACHED ACCESSORY STRUCTURE, AND REMOVE AS DEBRIS LEAVING THE LOT, CLEAN AND RAKED AND SEE REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE THREE ON THE 31ST DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED, A AUTHORIZED THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF BOTH THE COMMERCIAL STRUCTURE AND THE DETACHED ACCESSORY STRUCTURE, INCLUDING ANY ITEMS IN AND AROUND THESE STRUCTURES AS DEBRIS AND DISPOSE OF AS SUCH AND BE THE PROPERTY OWNER SHALL BE ON NOTICE THAT THE CODE OFFICIAL IS AUTHORIZED TO ASSESS ALL EXPENSES INCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION.
ELAINE, FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND RECORDED WITH THE TRAVIS COUNTY DEED RECORDS INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL VICE CHAIR.
THE CHERYL NOW, UH, ADMITTED INTO EVIDENCE EXHIBIT FIVE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS.
AND WILL ALSO ADMIT EXHIBIT SIX, A AND SIX THROUGH SIX WEEKS WAS YOUR PHOTOGRAPHS OF THE PROPERTY AND VIOLATIONS.
WE HAVE BRIEF PERSONS LISTED ON BEHALF OF THE PROPERTY.
I AM GOING TO ALLOW TWO OF YOU TO MAKE A PRESENTATION.
SO, UH, BETWEEN YOU THREE THAT ARE LISTED HERE, UH, YOU DECIDE TO PUSHER THE TWO THAT ARE GOING TO MAKE A PRESENTATION TO US.
UH, AND SO THAT'S CATHERINE, UH, SAMITI UH, EZINE SPEECHIE AND ATTORNEY FLETCHER, UH, WE'LL SHOW YOU TWO ARE GOING TO PRESENT ON BEHALF OF THE PROPERTY.
IT WILL BE MR.
UH, YEAH, BUT I I'M GOING TO ALLOW ONLY TO
[02:55:03]
BE ENOUGH TESTIMONY.THAT'S ME AND MR. FLETCHER, JUST, JUST TWO PEOPLE.
SO, UH, UH, YOU WIN, UH, SWORN IN, I WAS SWORN IN AT THE BEGINNING.
UM, I BELIEVE, UH, I THINK THERE WAS SOME GENERAL SWEAR AND I WAS PRESENT FOR THAT.
THEN, THEN YOU'RE SWORN IN, UH, GO AHEAD AND PRESENT YOUR TESTIMONY.
I'M UH, MY NAME IS
I AM MR. GUS SAN KARIM'S SON-IN-LAW TODAY.
I WAS APPOINTED THE COUNSEL FOR HIS GUARDIAN, WHICH HAPPENS TO BE MY WIFE, CATHERINE
SHE WAS APPOINTED GUARDIAN, UH, OVER MY FATHER-IN-LAW.
WHO'S NOW BEEN DECLARED INCAPACITATED BY THE PROBATE COURT A COUPLE OF WEEKS AGO AT ABOUT FOUR O'CLOCK TODAY.
I WAS APPOINTED BY THE COURT, UH, COUNSEL FOR THE GUARDIAN ON BEHALF OF THE WARD GET, AND KAREEM, THE PROPERTY IS OWNED BY AN LLC THAT MR. KARIM, UH, ALSO OWNS.
AND THAT MO MSI GUARDIAN NOW RUNS, I'D LIKE TO GIVE YOU A LITTLE BIT OF HISTORY ABOUT THIS PROPERTY.
THE PROPERTY WAS SOLD IN 2016 TO MR. KARIM.
IT PURPORTED TO HAVE A TENANT.
IT PURPORTED TO BE IN GOOD SHAPE IT PURPORTED TO HAVE ALL THE NECESSARY PERMITS AND WHATNOT.
UH, AND THEN SOMEHOW RIGHT AFTER THAT PURCHASE, THE CITY OF AUSTIN BEGAN, UH, TO NOTE TWO SITE CODE VIOLATIONS TO ISSUE FINES.
AND NONE OF THESE HAVE BEEN DISCLOSED AND NONE WERE FOUND APPARENTLY BY ANY OF THE PEOPLE THAT DID THE NECESSARY DUE DILIGENCE, IF THAT WAS EVEN DONE.
AND THE SUPPLY THIS PROPERTY, MR. KARIM, UH, DRAINED ALL OF HIS SAVINGS IN ORDER TO PURCHASE THIS PROPERTY AND THE BANK, WHICH MR. FLETCHER, UH, REPRESENTS.
AND HE'LL TALK ABOUT THAT IN A MINUTE, UH, GAVE HIM THE LOAN TO BE ABLE TO PURCHASE THIS PROPERTY.
UH, TENS OF THOUSANDS OF DOLLARS HAVE BEEN SPENT, HOWEVER, BY MR. KARIM, UH, OVER THE, OVER THE LAST SEVERAL YEARS, ALSO TRYING TO BOARD UP THE PROPERTY, ALSO TRYING TO COMPLY WITH THE CODE BY THE CODE CITATIONS, REALLY TO NO AVAIL BECAUSE THE OVERWHELMING AMOUNT OF VANDALISM THAT WAS OCCURRING BECAUSE THE TENANTS HAD TO BE EVICTED BECAUSE OF THE CODE VIOLATIONS.
AND I BELIEVE THAT IS ONE OF THE THINGS THAT HAS BROUGHT US TO THIS POINT.
AND SO WHAT I'M REALLY HERE TO ASK YOU TO DO IS TO STAY ANY ORDER OF DEMOLITION, BECAUSE WE'RE TRYING TO WORK WITH THE BANK FOR THE BANK, TAKE ESSENTIALLY THE PROPERTY OVER OR BACK.
AND I BELIEVE THEY'LL BE IN A MUCH BETTER POSITION, BOTH TO PRESERVE THE COLLATERAL, WHICH IS OF COURSE THEY HAVE A LIEN ON, BUT IT ALSO THEY'LL BE IN A BETTER POSITION TO PROPOSE SOME KIND OF A PLAN TO THE CITY TO BE ABLE TO BRING IT INTO SOME KIND OF COMPLIANT.
AS YOU HEARD FROM THE TESTIMONY, UH, YOU DON'T ACTUALLY HAVE ANY ACTUAL INJURY.
IT'S THE IDEA THAT IT'S POSING A PUBLIC SAFETY HAZARD IS, IS A NICE, UH, STATEMENT, BUT YOU DON'T ACTUALLY HAVE ANY EVIDENCE OF ANY ACTUAL INJURIES HAPPEN.
WHAT YOU REALLY HEARD IS THERE'S A LOT OF DAMAGE AND TRASH AND THINGS BEING DONE TO THE PROPERTY, WHICH WE CAN SEE AS THE PROBLEM, BUT THOSE AREN'T REASONS WHY THE PROPERTY SHOULD BE DEMOLISHED, BECAUSE YOU'VE ALSO HEARD THAT THE PROPERTY ITSELF IS IN PRETTY GOOD SHAPE AND THEREFORE HAS VALUE.
AND SO TO DEMOLISH IT RIGHT NOW, WITHOUT GIVING NOW THAT NOW THAT THE PROBATE COURT HAS COME ACROSS AND NOW THAT THE BANK IS TRYING TO GET INVOLVED, DEMOLISH IT NOW WOULD JUST BE TO DESTROY VALUE AND TO HURT SOMEONE WHO'S ALREADY BEEN INJURED.
UH, EVEN FURTHER THERE IS LITIGATION OVER THIS TRANSACTION I DID BY MYSELF.
AND, AND, UH, WE WOULD JUST ASK THE, UH, THE HONORABLE COURT, UH, TO, UH, THE COMMISSIONER'S COURT TO, TO UPDATE ANY ORDER IN ANY ORDER YOU WANT.
WE WOULD JUST ASK YOU TO ABATE IT FOR LONGER THAN 30 DAYS AS WAS, UH, AS WAS ANNOUNCED EARLIER.
AND I'LL YIELD MY TIME TO MR. FLETCHER.
IF I MAY, UM, MEMBERS OF THE COMMISSION, PAUL FLETCHER, ON BEHALF OF FEDERAL CREDIT UNION, CAN Y'ALL HEAR ME? YES.
UM, I HEARD A LOT OF HISTORY ABOUT THE PROPERTY.
UH, I DO WANT TO MENTION, FIRST OF ALL, THAT, UM, YOU KNOW, THERE MAY HAVE BEEN 12 LANES OR 12 NOTICES OF, UH, ABATEMENTS WHEN WE PULLED THE LIEN RECORDS.
WHEN WE GOT WHAT I GOT HOLD OF THIS CASE AT THE END OF 2019 TO FORECLOSE ON THE PROPERTY, BECAUSE IT HADN'T BEEN PAID, WE DIDN'T FIND ANY LANES WE HAVEN'T EVER RECEIVED ANY NOTICE ABOUT A VIOLATION.
UH, AND WE'VE BEEN A LIEN HOLDER SINCE 2016.
SO WE WERE SURPRISED TO LEARN ABOUT THIS RECENT DEMOLITION ORDER.
UM, AND IF I GOT LAST MONTH, BUT BE THAT AS MAY, WE DO SUPPORT, UH, THE REQUEST, UH, THAT THERE'LL BE A RESCISSION
[03:00:01]
OF THE PRIOR ORDER.UH, WE WOULD NOTE THAT, UH, THE CODE ENFORCEMENT HAS THE ABILITY TO PURSUE ALL CIVIL MATTERS AND TO PURSUE THE CODE ENFORCEMENT, NOT ONLY IN FRONT OF THE BUILDING SANDRA'S COMMISSION, BUT MS. MISS LOCAL COURT AT DISTRICT COURT.
AND IN THIS INSTANCE, WE THINK IT MAY BE APPROPRIATE, UH, TO GET INVOLVED WITH THE PROBATE COURT.
SINCE THIS MATTER IS NOW IN FRONT OF THE PROBATE COURT, BECAUSE THERE'S BEEN A GUARDIAN APPOINTED.
THIS PROPERTY IS NOW PART OF THE GUARDIANSHIP AND THE ESTATE.
UM, AND IT'S SUBJECT TO THE CONTROL OF THE COURT.
UH, AS YOU HEARD, MR. MADISON WAS APPOINTED ATTORNEY, UM, JUST TODAY, UM, THERE MAY HAVE BEEN A LAWSUIT FILED IN DISCUSSIONS ABOUT THIS PROPERTY, BUT BECAUSE OF THE INCAPACITY ISSUE, THE BANK HAD NO ONE TO DEAL WITH.
AND FINALLY, TODAY WE HAVE SOMEONE TO DEAL WITH, AND THAT'S MR. MASLIN, WHO'S BEEN APPOINTED, UH, NOT ONLY TO REPRESENT THE, A STATE IN FRONT OF THIS BODY, BUT ALSO WHEN THE LITIGATION THAT HE MENTIONED THAT THEY FILED AGAINST THE BANK AND THE LENDER BECAUSE OF THE UNIQUE NATURE OF THIS SITUATION.
UM, I WOULD PROPOSE THAT UNDER RULE 4 0 7, YOU ALL TRIED TO, UH, UH, OBTAIN AN ALTERNATIVE SOLUTION THAT MAY REQUIRE FURTHER STUDY.
AND THAT BEING, MAYBE LET US REPORT BACK TO YOU IN 30 DAYS OR EVERY 30 DAYS FOR BRETT TO TRY TO REACH A RESOLUTION, EVEN IF, UM, THE GUARDIAN AND I REACHED A RESOLUTION TODAY, WE HAVE TO GO BACK TO THE COURT AND HAS THE PROBATE COURT APPROVE THAT RESOLUTION.
UM, I POSTED THE PROPERTY FOR FORECLOSURE SO THAT IT COULD BE SOLD NEXT MONTH.
I'M NOT A GUARDIANSHIP ATTORNEY.
UM, I'M LEARNING QUICKLY AND I'M LEARNING THAT WE NEED THE COURT TO APPROVE THAT SALE.
SO I CAN'T EVEN SELL THE PROPERTY IF I WANT TO SELL IT AND GET A THIRD PARTY TO PURCHASE IT.
UM, AS A GUARDIAN, THERE IS A DUTY OF THAT GUARDIAN TO PROTECT AND PRESERVE THEIR ASSETS AND THE ASSETS OF THE ESTATE.
SO, UH, IN THE PAST, THIS PROPERTY WAS BEING MANAGED BY SOMEONE WHO WAS ALLEGEDLY INCAPACITATED.
NOW THERE ARE TWO, UM, ENTITIES, UH, THAT ARE AWARE OF THE SITUATION AND WHO ARE POSSIBLY ABLE TO DEAL WITH IT.
UH, OBVIOUSLY FINANCING IS GOING TO BE AN ISSUE.
UM, BUT AT LEAST THERE'S SOMEONE THAT WE CAN NEGOTIATE WITH WHERE BEFORE THERE WAS AN INCAPACITATED PERSON, I, WELL, THE BANK AND THE LENDER HAD NO ABILITY TO ENTER INTO ANY TYPE OF AGREEMENT.
UM, I DID HEAR A LOT OF HISTORY, BUT I DIDN'T HEAR ANYTHING REALLY RECENTLY IN TERMS OF HAPPENING.
UM, CLEARLY WE WANT TO PRESERVE PUBLIC SAFETY.
UH, WE DO BELIEVE THAT THIS PROPERTY, I THINK, UH, YOU KNOW, I CAN SEE THE EXHIBITS ONE THROUGH FOUR THAT YOU ALL HAVE.
UM, BUT I UNDERSTAND IT INCLUDES THE, UH, THE TRAVIS APPRAISAL DISTRICT RECORDS.
AND IF I LOOKED AT THE 2021 APPRAISAL DISTRICT RECORDS, THE PROPERTY IS WORTH $1.1 MILLION, $700,000 OF THAT IS THE STRUCTURE $300,000 IS THE LAND.
UH, I, WE BELIEVE THAT IF THERE'S A DEMOLITION OF THE STRUCTURE, YOU KNOW, THERE'S GOING TO BE A TAPING HERE.
AND THERE'S CERTAINLY AN OPPORTUNITY NOW THAT EVERYBODY, UM, IS AWARE OF THE SITUATION TO WORK SUIT, TO WORK SOMETHING OUT SO THAT THE PROPERTY IS NOT DEMOLISH AND THAT HE CAN BE PRESERVED.
AND THE VALUE CAN BE PRESERVED NOT ONLY FOR THE LIEN HOLDER, BUT FOR THE, FOR THE WARD.
SO WE WOULD ASK THAT THE COURT RESCIND ITS FRUIT AND THE COMMISSION RESCIND ITS PREVIOUS ORDER.
UM, NOT PUT AN ORDER ON THE PROPERTY, UH, PERHAPS INSTRUCT, UH, OR REQUEST THE ATTORNEY FOR THE CITY TO ALSO WORK WITH, UH, THE ATTORNEY FOR THE WARD AND THE ATTORNEY FOR THE LENDER TO TRY TO COME UP WITH SOME ALTERNATIVE SOLUTIONS TO, UH, KEEP THE PROPERTY SAFE AND NOT GET IT TO MILEAGE AND GET A, A WIN-WIN SITUATION FOR ALL AND GET THE PROPERTY FULLY BACK ON THE TAX LOSS.
SO I'LL BE HAPPY TO ANSWER ANY QUESTIONS.
UM, AND I, I JUST WOULD OBJECT TO THE LETTER THAT WAS READ.
WE DON'T HAVE THE ABILITY TO CROSS EXAMINE ANY ONE AND, YOU KNOW, THERE'S A LOT OF HEARSAY AND THERE'S REALLY NO DISCUSSION ABOUT, UM, WHAT HAS HAPPENED IN THE LAST YEAR OR TWO.
UH, I'VE GOT, UH, I'VE GOT A QUESTION OF, OF, OF COUNCIL, UH, FOR THE CITY YOU FEEL PRESENT.
SO, UH, WHEN, UH, WHEN DOES
[03:05:02]
AND THEY ALREADY RECORDING TO LIEN HOLDERS ON THE PROPERTY, OR IS, UH, IS THERE A REQUIREMENT THAT THE LIEN HOLDERS ALSO BE NOTIFIED, UM, WHEN STAFF ISSUES, THE NOTICE OF VIOLATION? IT'S NOT THAT THAT IS, IT'S NOT REQUIRED TO BE THE MAIN, MORE NOTICE OF THAT NOTICE OF TERMINATION WHEN THEY FILED THE MEAN IT WILL BE IN THE DEED RECORDS.AND SO THEN IT WILL BE IN THE DEED RECORDS AND NEED TO BE THERE FOR THE FILE.
WELL, WHEN DOES, IF THE CITY FOLLOWS LANE YOU'LL BE UNDER LYNN RECORD, IS WHAT YOU'RE SAYING, OR WHEN THE, OR WONDER LENDER LANES MONEY ON THE PROPERTY, THAT'S ON THE, IN RECORDS, WHICH ARE THE TWO ARE YOU REFERRING TO? SO WE, WHEN STAFF GOES IN, DOES WHAT HAPPENS ABSOLUTELY IS THEY WON'T SURVIVE, BUT THEY ALSO MAY BE SUPER INSECURE.
I THINK THAT'S ACTUALLY WHAT MR. WALL WAS TALKING ABOUT.
IF THEY'D HAVE
A IS THE, UH, WINDOW NOTICE OF VIOLATIONS ARE SENT TO THE LIEN HOLDERS.
PRESENT LIEN HOLDERS ALSO HAVE TO BE NOTIFIED OF ABOUT ASIANS, NOT FOR A NOTICE OF VIOLENCE AND ADMISSIONS ORDERS, AS YOU HEARING ME NOTICE EXISTING PARTS.
SO IF WE WERE TO CONTINUE WITH THIS, UH, PROCESS, EVEN THOUGH WE ARE PUT ON NOTICE THAT THERE IS A LIEN HOLDER, UH, WE WILL NOT BE VIOLATING THE LIEN HOLDERS RIGHTS OR THE PROPERTY RIGHTS.
IN OTHER WORDS, THEIR LIEN HOLDER REALLY DOESN'T HAVE ANY RIGHTS, UH, COMING BETWEEN OUR, UH, BEFORE COMMISSION.
THEY DO HAVE A RIGHT, BECAUSE THEY'RE HERE TO SPEAK WHEN THEY WERE MAKING THE MUSIC.
SO THEY DO HAVE A MOMENT OUR TIME HEARING.
SO, BECAUSE THE PROPERTY, THE WAY MORE THAN IS GIVEN NOTICE OF HEARING, THEY ARE HERE, THEY ARE PRESENT, THEY DON'T PARTICIPATE IN THE PROCESS AND THE CONDITIONS HERE.
SO THEY HAVE BEEN GIVEN THEM, UM, THE PROCESS IN THE SITUATION.
THAT'S WHY THIS IS ACTUALLY BEFORE THE PERMISSION OF THAT.
WHEN WE SEND OUT, NOTICE OF THE VIOLATIONS WERE NOTICES IS ALSO SENT TO THE LIEN HOLDERS.
MY, MY QUESTION IS TO COACH AND STAFF.
OH, WHEN WE SEND OUT NOTICE OF THE VIOLATIONS AND IN OTHER MEETINGS, THEY WILL ALSO NOTIFY THE LIEN HOLDERS.
UM, THE, THE NOTICES OF VIOLATION, I THINK THEY GO BY T CAD FOR THOSE NOTICES.
AND THEN WHEN WE, WHEN THE CASES ESCALATED TO BSC, WE, UH, THEY OBTAIN A TITLE SEARCH.
AND SO WE IDENTIFY THE LIEN HOLDER AT THAT POINT, UM, BEFORE THE 2017 CASE WAS HEARD, WE NOTIFIED THE BA THE LENDER.
AND THEN AGAIN, WE NOTIFIED THEM FOR THE HEARING FOR THIS RECENT HEARING, UM, AS THEY WERE IDENTIFIED IN THE TITLE SEARCH.
DOES THAT ANSWER YOUR QUESTION? WELL, YEAH.
I WAS JUST WONDERING FOR THE ATTORNEY'S TESTIMONY THAT THEY HAD NO NOTICE UNTIL JUST RECENTLY THERE WAS A, UH, UH, CORRECT, UH, RESPONSE OR NOT TO, OR CLAIM THAT THEY HAD NO NOTICE.
BUT YOU'RE SAYING THAT THE 13 HOLDER WAS NOTIFIED IN THIS CASE.
IF YOU LOOK, IF YOU LOOK AT BOTH OF THE ORDERS, IT TELLS YOU WHERE THE NOTICES OF VIOLATION WENT AND IT DOESN'T SHOW THAT THEY WENT THROUGH THE BANK, THE 2017 AND THE MOST RECENT ORDER FROM LAST MONTH, THEY DO SHOW A NOTICE OF HEARING, UH, THAT WENT THROUGH THE LIEN HOLDER.
HOWEVER, WE HAVE NEVER RECEIVED IT.
I'M NOT, I DON'T, I DON'T HAVE THE NOTICE OF HEARING, SO I DON'T KNOW WHERE IT WAS ADDRESSED, BUT WE HAVEN'T RECEIVED IT.
WE FOUND OUT ABOUT THE, AND WE PROMPTLY REACHED OUT TO THE CITY, UM, AND THEIR COUNCIL, UH, I WOULD DISAGREE
[03:10:01]
WITH THE CITY'S POSITION THAT WE'RE NOT ENTITLED TO NOTICE A VIOLATION BECAUSE IT'S AFFECTING OUR PROPERTY INTEREST, RIGHT.IF THERE'S A VIOLATION ON THE PROPERTY, IT'S AFFECTING THE LIN HOLDERS RIGHTS.
UM, AND I BELIEVE YOU HAVE A PROVISION IN YOUR, UH, RULES THAT PROVIDE THAT A LIEN HOLDER IS AFFECTED BY A NOTICE OF VIOLATION.
SO WE WOULD DISAGREE WITH THAT, BUT, YOU KNOW, BE THAT AS IT MAY, WE'RE IN A SITUATION, ALL OF US, NOT ONLY THE LIEN HOLDER, BUT THE COMMISSION WITH SENDING NOTICES TO SOMEONE WHO DOESN'T HAVE TO PASS IT.
AND ONLY TODAY, IS THERE SOMEONE WHO CAN REPRESENT LEGALLY ON BEHALF OF THE, THE, THE, THE PROPERTY ON IT.
UM, SO I GUESS I WAS KIND OF REORGED OUR REQUEST TO NOT TAKE ANY ACTIONS OR DAY LET THE PARTIES COMMUNICATE NOW THAT THERE'S PEOPLE WITH AFFORDING WHO CAN GO OUT AND DO THINGS AND RECOGNIZE THAT EVEN IF MR. MADISON ONE, OR TO GO OUT AND GET A COAT, UH, PERMIT, HIRE CONTRACTORS AND GET THE PROPERTY CLEANED UP, HE HAS TO GO TO PROBATE COURT TO GET PERMISSION TO DO SO.
LIKEWISE, IF I WANT TO FORECLOSE, I'D HAVE TO GO TO PROBATE COURT AND GET PERMISSION TO DO SO.
SO I THINK BECAUSE OF THE UNIQUE NATURE OF THIS, UM, AND IT PROBABLY DOESN'T OCCUR VERY FREQUENTLY, RIGHT.
UM, WE WOULD JUST REQUEST THAT, THAT Y'ALL STUDY.
UH, I THINK THAT THE RULES PROVIDE FOR ALTERNATIVE SOLUTIONS THAT REQUIRE FURTHER STUDY UNDER RULE 4 0 7.
SO WE WOULD ASK THAT YOU TAKE THAT INTO CONSIDERATION FOR AT LEAST 30 DAYS.
LET US COME BACK TO YOU AND TRY TO SEE IF WE CAN PRESENT A PLAN, BECAUSE I DID SPEAK WITH MR. MOORE.
AND I THINK YOU PROBABLY ALL WOULD AGREE EVEN AT THIS PROPERTY WAS GUTTED AND CLEANED OUT THOROUGHLY, NOT A DEMOLITION, BUT JUST GUTTED AND CLEANED OUT EARLY.
MAYBE THAT COSTS 20,000, 50,000, AT LEAST THE STRUCTURE IS STILL SOLID AND THE VIABLE FOR FUTURE USE OR TO BE LEASED, UH, FOR UNKNOWN, UH, AN APPROVED USE UNDER THE ZONING CODE.
UM, SO I THINK THERE'S SOLUTIONS, BUT THE PARTIES NEED TIME TO EFFECTUATE THAT OF SOME OF THE SHELVES.
SO LET ME ASK YOU, HOW DO YOU, UH, BOTH ADDRESS THE ISSUE OF THE BILLION BEING A PRESSING PUBLIC NUISANCE IS SHOWN BY TESTIMONY HERE AND, UH, UH, AND, AND OF THE, UH, IMMEDIATE DANGER TO, TO THE PUBLIC BEING SO CLOSE TO A SCHOOL RIGHT NOW, ELEMENTARY SCHOOL.
IF I UNDERSTAND, HOW DO YOU ADDRESS RADIATION? YOU DON'T WANT TO SIT THERE, THEY'LL BE ABLE TO KNOW.
WELL, I HAVEN'T HEARD BESIDES I HAVEN'T HEARD ANY RECENT ACTIVITIES THAT CONSTITUTE A PUBLIC SAFETY ISSUES OR NUISANCE.
CERTAINLY THE BUILDING'S NOT ATTRACTIVE AND IT SHOULDN'T, AND CERTAINLY THERE'S SOME CONCERNS ABOUT IT BEING OCCUPIED.
UM, BUT I DON'T KNOW, YOU KNOW, I NOTICED YOU ALL FENCED THE PROPERTY, SO THAT MAY BE A MEANS TO ALLEVIATE ACCESS TO THE PROPERTY, UM, AND PREVENT FOLKS FROM GOING IN AND, AND, UH, DOING BAD ACTS.
BUT IT'S HARD TO ADDRESS, UM, THE PUBLIC SAFETY CONCERNS WHEN I HAVEN'T REALLY HEARD ANYTHING SPECIFIC, UH, IN THE LAST YEAR OR SO, I NOTICED THE PICTURES THAT WERE PRESENTED WERE FROM 2019, BUT YOU NOW HAVE TWO PARTIES THAT HAVE AUTHORITY, OR AT LEAST, UM, THE ABILITY TO TRY TO TAKE SOME ACTION AND WITH THE FENCING AND THE BOARDING THAT YOU ALL HAVE DONE RECENTLY, THAT IS A MEANS TO SECURE THE PROPERTY.
AND YOU'RE PROTECTED IN THE SENSE THAT YOU HAVE LANES ON THE PROPERTY TO COVER THOSE TALKS.
SO, UM, AND, AND FRANKLY, I WAS KIND OF TALKING TO MR. MOORE ABOUT IT IS IT'S HARD TO KEEP BECKMAN'S OFF THE CITY PROPERTY.
UH, YOU KNOW, WE'RE NOT UNIQUE, UM, IN THE SITUATION THAT, UM, THERE'S VAGRANTS OR PEOPLE WHO ARE DOING BAD ACCIDENTS ON PROPERTY, RIGHT.
UM, AND AS THE LIEN HOLDER, OUR HANDS ARE TIED A LITTLE BIT MORE BECAUSE WE DON'T HAVE NECESSARILY CONTROL OVER THE PROPERTY.
WE DON'T HAVE POSSESSION OF THE PROPERTY.
UH, MAYBE THE GUARDIAN HAS SOME THOUGHTS ON WHAT THEY MAY BE ABLE TO DO, BUT, UM, YOU KNOW, I THINK AT THIS POINT, GIVEN THE UNIQUE NATURE, YOU HAVE THE PROPERTY, THE OWNER, YOU HAVE THE LENDER, LET US COMMUNICATE WITH THE CITY AND TRY TO COME UP WITH SOME SOLUTIONS THAT CAN WORK AND RESPECT THE PROBATE COURT'S JURISDICTION, AS WELL AS, UH, THE LIEN HOLDERS RIGHTS AND TRY TO PREVENT, YOU KNOW, THE, THE UNNECESSARILY DEMOLITION OF, UH, OF, UH, UH, A STRUCTURE THAT COULD PROBABLY BE REHABBED COMMISSIONERS.
ANY QUESTIONS? YES, THIS IS COMMISSIONER.
[03:15:01]
BY DAY.UM, SO COUNSEL, WHO EXACTLY IS YOUR CLIENT RIGHT NOW? WHICH COUNCIL ARE YOU REFERRING TO? UH, I, PAUL FLETCHER REPRESENT RANDOLPH BROOKS, FEDERAL CREDIT UNION THAT HAS A $900,000 LOAN ON THE SUBJECT PROPERTY, THE LIEN HOLDER.
I SAID, UM, AND WE HAD A SECOND SPEAKER, RIGHT? THAT REPRESENTS THE OWNER.
IS THAT CORRECT? FRANK MADISON, GUESS MY QUESTION IS WHO HAS BEEN GETTING THOSE NOTICES THAT IF THIS IS THE FIRST TIME THAT YOUR CLIENT IS HEARING ABOUT THIS? WELL, AGAIN, NO NOTICE WAS A VIOLATION WHEREVER, SINCE YOU'RE THE LIEN HOLDER PERIOD, THERE WAS ONLY NOTICE OF HEARINGS THAT WERE SENT, UM, AND THE CLIENT DIDN'T RECEIVE THEM.
NOW WE DID RECEIVE THIS NOTICE OF HEARING.
UM, AND THAT'S WHY WE'RE PRESENT.
I CAN'T SPEAK TO, UM, THE PROPERTY OWNER AND THE GUARDIAN AND WHAT THEY RECEIVED OR DIDN'T RECEIVE.
HOW, UM, YEAH, THAT'S WHAT I WANTED TO CLEAR UP.
HOW DID YOU GET THIS LAST NOTICE? THE NOTICE, UM, THAT WE GOT FOR THIS HEARING WAS, UH, HOW DID WE GET THIS? UH, WELL, WE GOT AN EMAIL FROM MS. ALLIE, UH, AND I DID SPEAK WITH MS. ALLIE AND, AND IN 2020, UH, WHEN I FOUND OUT ABOUT, UH, THE 2017 ORDER, UH, AND I ASKED AT THAT TIME TO BE NOTIFIED OF ANY FURTHER ORDERS OR VIOLATIONS FOR THAT MATTER.
UM, BUT WE DIDN'T, UM, LEARN ABOUT IT, ANY NOTICE OF VIOLATIONS OR THE PRIOR HEARING.
WE ONLY LEARNED ABOUT THE ORDER, THE ORDER DID MAKE IT THROUGH, BUT THE HEARING NOTICE DID NOT MAKE IT FOR SOME REASON.
AND I DON'T KNOW WHERE IT WAS ADDRESSED.
I'VE DONE AN OPEN RECORDS REQUEST.
I'M STILL WAITING FOR THOSE RECORDS.
ANY OTHER QUESTIONS MR. CHAIRMAN OR YOU AS COMMISSIONER? I SUPPOSE.
UM, I SORT OF QUESTIONS FOR, SO I GUESS I WAS HAVING A LITTLE TROUBLE FOLLOWING TOO.
UH, SO THIS IS MR. FLETCHER AND MR. SAVINI AND WHO WAS MR. SO MR. FLETCHER HERE WITH RBF CU MR. S BD AND WHO'S MR. MASSON, I'M SORRY.
I WAS HE THE THIRD ONE WHO DID NOT SPEAK OR MASS INSTABILITY.
PARDON ME? I THINK I JUST HAVE A COUPLE OF QUESTIONS.
UM, SO IN WHAT, UH, IN WHAT THIS WAS IN TRAVIS COUNTY, WAS THIS TRAVIS COUNTY PROBATE COURT NUMBER ONE, IS THAT, IS THAT WHERE THE CASE IS PENDING? YES.
AND I PROVIDED MS. ALLIE A COPY OF THE APPLICATION FOR THE GUARDIANSHIP AS WELL AS THE APPOINTMENT OF THE GUARDIAN.
UM, IF THAT'S IN OUR, UM, MATERIALS, I APOLOGIZE.
CAN YOU JUST GIVE ME THE, THE STYLE AND THE CLASS NUMBER REAL QUICK? UM, MATSON, W DO YOU HAVE THAT? I DON'T HAVE THAT IN FRONT OF ME.
I DIDN'T REALIZE THE CLOCK IS TICKING THAT I JUST DOES IT IN FRONT OF GUIDE HERMAN JUDGE BERMAN.
DID WE LOSE SO MR. SO BABY, OKAY.
YEAH, IT WOULD BE LIKE S C DASH ONE DASH TB DASH, THE LAST TWO DIGITS OF THE YEAR IN WHICH THE CASE WAS FILED INDIVIDUALLY UNIQUE FOUR DIGIT CODE.
HERE'S THE CAUSE NUMBER ONE T V DASH 21 0 0 0 3 2 2.
THAT'S MY ONLY QUESTION FOR THE MOMENT.
WAS REQUESTED, UH, COMMISSIONER SALAD.
SO I JUST WANTED TO EXPLAIN IT.
SO WHAT WE'RE HERE IS A PLEA TO HAVE A 30 DAY EXTENSION SO THAT THEY, THE LIEN HOLDER AND THE NEW GUARDIAN CAN COME UP WITH A REVISED PLAN.
DOES THAT, WHAT IS MY UNDERSTANDING, CORRECT? THIS IS PAUL FLETCHER.
[03:20:01]
ASKING THAT THE CITY PARTICIPATE IN THAT BRILLIANT.WE WILL NOT, WE DON'T DO ANYTHING FOR 30 DAYS TO ALLOW THE TWO PARTIES, THE LIEN HOLDER AND THE NEW GUARDIAN TO GO AHEAD AND COME UP WITH SOME SORT OF A PLAN TO ADDRESS THE SITUATION.
IS THAT CORRECT? YEAH, THAT'S THAT THAT'D BE OUR REQUEST.
UM, IS, UH, IS ELLIE? YES, VICE-CHAIR, IT'S FIVE MINUTES UNTIL 10:00 PM.
SO IF WE WANT, IF YOU WANT TO CONTINUE WITH THIS, WE'LL NEED TO EXTEND THE MEETING OR MAKE A VOTE TO EXTEND THE MEETING, AND WE CAN EXTEND YOU WHAT, FOR 30 MINUTES OR LESS, YOU, YOU HAVE UP TO AN HOUR UP TO 11:00 PM.
WILL COMMISSIONERS FEEL LIKE THEY WOULD LIKE TO CONTINUE WITH THIS CASE? UH, SO MAYBE WE COULD CONCLUDE IT.
WE'RE NOT GOING TO CONTROL IT IN FIVE MINUTES.
AND, UH, AND IF SO, I WOULD ENTERTAIN A MOTION THAT WE GO PAST THE 10 O'CLOCK, UH, TIME LIMIT.
THAT'S BEEN GIVEN TO US BY US, BY A CITY AND A CITY COUNCIL AND STATE LAW.
IS THERE A MOTION TO THAT EFFECT? MOTION BY COMMISSIONER
UH, LET ME ASK FOR A ROLL CALL.
VOTE, UH, COMMISSIONER EXAMINEE YOU'RE VOTING ON THE MOTION.
COMMISSIONER THOMPSON, NEGATIVE, UH, COMMISSIONER GREEN LEFT US COMMISSIONER MUELLER.
AS A SHARE, PABLO, I REALIZE THAT GIVES US 1, 2, 3 IS ONLY FOUR YEARS NOW.
WELL THAT'S SO, UH, SHOW, DOES MOTION CARRY ON DAY BASIS OR DO WE NEED TO GET A MAJORITY YOU NEED TO HAVE, SO WE NEED SIX.
SO THEN WHO WAS THAT? THAT'S JUST, THE BEAUTY WAS KNOCKED OFF THE CALL.
UM, AND CAN'T SEEM TO GET IN MR. CHAIRMAN.
UH, UH, I JUST WANT TO LET MY FELLOW COMMISSIONERS KNOW, I, I CAN VERIFY THAT THERE WAS ACTIVITY ON THE CASE TODAY, BUT WHAT, WHAT I, WHAT I CAN SAY IS THAT, UH, THE PROBATE COURT WOULD HAVE POWER.
I BELIEVE TO REMOVE THIS FROM THE DISTRICT COURT.
EVEN ASSUMING ONE OF OUR ORDERS WAS APPEALED, UH, AFTERWARD TO URA.
I THINK THE PROBATE COURT WOULD HAVE THE POWER ASSUMING THAT THIS PROPERTY IS IN FACT, UH, WITHIN THE JURISDICTION OF THE ESTATE OF THE COURT BY WAY OF BEING PART OF THE PROBATE ESTATE.
UH, AND FOR THAT REASON, NOT FOR ANY REASONS OF SUBSTANCE, I'M NOT COMFORTABLE WITH WHAT THESE OWNERS HAVE TOLD US TODAY OR THIS, THIS LIEN FOLDER.
BUT FOR THOSE REASONS, I THINK IT BEST TO CONTINUE THIS CASE BECAUSE WE HAVE 120 SECONDS UNTIL THE BELL.
SO I THINK WE SHOULD JUST CONTINUE.
I MOVED TO CONTINUE TO LEARN OUR NEXT SCHEDULED HEARING.
COULD I REQUEST YOU RESCIND THE PREVIOUS ORDER OR WE'LL HAVE TO CLOSE PUBLIC HEARING BECAUSE OF THE HOUR, SORRY TO CUT YOU OFF, BUT I DON'T THINK WE CAN ENTERTAIN MORE TESTIMONY FROM THE OWNER.
MOVE TO CLOSE PUBLIC HEARING AND CONTINUE THE, OKAY.
THERE'S A MOTION TO CLOSE THE PUBLIC HEARING AND TO CONTINUE THIS CASE A SECOND COMMISSIONER, AMELIA, I APOLOGIZE BEFORE YOU VOTE ON THAT, I DO AGREE WITH MR. FLETCHER, WE DO NEED TO, THE COMMISSION NEEDS TO DECIDE WHETHER THEY'RE GOING TO RESEND THE MAY ORDER BECAUSE THEIR CLOCK FOR APPEALS IS RUNNING ON THE MAY ORDER.
SO WITH THE PERMISSION IS GOING TO, UH, CONSIDER THIS FURTHER AT A DIFFERENT, AND I RECOMMEND YOU MOVE TO THE SUN.
IN ADDITION TO CLOSING THE PUBLIC MEETING, CONTINUING THE CASE THAT'S WELL TAKEN, I WOULD IMAGINE.
SO YOU'RE ASKING THAT WE, AS PART OF, UH, THE, THE, WE ALSO RE UH, RESCIND THE MAY ORDER,
[03:25:02]
THAT WOULD BE MY RECOMMENDATION.I WILL MAKE THAT PART OF MY MOTION JUST FOR SAKE OF ENERGY.
UM, AND IT'S, UH, THE, OF THE IRREGULAR HEARING THAT WE HAD IN MAY.
SO THEN THE MOTION YOU LET, WE, UH, WE CLOSED THE PUBLIC HEARING THAT WE CONTINUE THIS CASE AND THAT THE ORDER ISSUED ON MAY THE 26TH NOW BE RESCINDED.
I WOULD SECOND THAT SECOND BY COMMISSIONER MILLER.
NOW I'M GOING TO ASK FOR A ROLL CALL REAL QUICK, UH, COMMISSIONER
HOW MANY SHARES? SO SAY YES, MY CHALET.
SO THAT'S UNANIMOUS MOTION CARRIES NOW.
[FUTURE AGENDA ITEMS]
UH, WORK ON THE, UH, ON THE GOALS FOR NEXT YEAR, UH, FILM.UH, AND WE TAKE IT OUT WHEN WE NEED TO TAKE IT UP AT THE NEXT MEETING AND SHOOT, SHOULD THAT CALL FOR US TO HAVE A SPECIAL MEETING? NO, WE CAN TAKE, WE CAN TAKE THAT UP AT THE NEXT MEETING, BUT THEN, BUT WE NEED TO MAKE IT A PRIORITY ITEM MOVING UP ON THE AGENDA, BECAUSE I THINK THE, THE, UH, THE PLAN HAS TO BE SUBMITTED BEFORE THE END OF JULY.
AND THEN, UH, WHICH WE SHOULD CARRY OVER THE AGENDA ITEMS THAT WE DIDN'T FINISH UP TODAY.
SO YOU WANT TO CONTINUE ALL THE OTHER REGIONS, INCLUDING THIS ONE AGENDA ITEM NUMBER FIVE, RIGHT.
AND THEN I ALSO ASKED TO HAVE AN UPDATE ON THE OTHER APARTMENT COMPLEX WHERE THE FOUR $43,000 IN FINES OR ONE UPDATE OR WHERE THEY ARE TO CLARIFY ANY OTHER AGENDA ITEMS THAT YOU WANT TO INCLUDE THREE DIFFERENT FOR THE NEXT AGENDA.
I THINK THAT WAS, MAYBE THAT WAS ONE OF THE ONES WE DIDN'T GET TO TODAY, BUT WE HEARD PUBLIC TESTIMONY ON, UM, YES.
SO YEAH, IT LOOKS LIKE IF WE CONTINUE THE ITEMS, WE DIDN'T GET TO IT'LL BE ON THAT AGENDA AGENDA.
ANY MORE ITEMS SHOULD BE INCLUDED FOR AN ACTUAL MEETING AS WELL THEN? UH, THAT BEING THE CASE, UH, IS MEETING IS HERE BY THE JOURNAL.